MPEP § 2287.01 — Examiner Consideration of Submissions After a NIRC (Annotated Rules)
§2287.01 Examiner Consideration of Submissions After a NIRC
This page consolidates and annotates all enforceable requirements under MPEP § 2287.01, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Examiner Consideration of Submissions After a NIRC
This section addresses Examiner Consideration of Submissions After a NIRC. Primary authority: 37 CFR 1.312 and 37 CFR 1.182. Contains: 2 requirements and 3 other statements.
Key Rules
Notice of Intent to Issue Reexamination Certificate (NIRC)
The rules do not provide for an amendment to be filed in a reexamination proceeding after a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) has been issued. Note that 37 CFR 1.312 does not apply in a reexamination proceeding. Any amendment, information disclosure statement, or other paper related to the merits of the reexamination proceeding filed after the NIRC must be accompanied by a petition under 37 CFR 1.182. The petition must be granted, in order to have the amendment, information disclosure statement, or other paper related to the merits considered. Where an amendment, information disclosure statement, or other paper related to the merits of the reexamination proceeding is filed after the NIRC, and the accompanying petition under 37 CFR 1.182 is granted, the examiner will reconsider the case in view of the new information, and if appropriate, will reopen prosecution. See MPEP § 2256 for a detailed discussion of the criteria for obtaining entry and consideration of an information disclosure statement filed after a NIRC.
The rules do not provide for an amendment to be filed in a reexamination proceeding after a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) has been issued. Note that 37 CFR 1.312 does not apply in a reexamination proceeding. Any amendment, information disclosure statement, or other paper related to the merits of the reexamination proceeding filed after the NIRC must be accompanied by a petition under 37 CFR 1.182. The petition must be granted, in order to have the amendment, information disclosure statement, or other paper related to the merits considered. Where an amendment, information disclosure statement, or other paper related to the merits of the reexamination proceeding is filed after the NIRC, and the accompanying petition under 37 CFR 1.182 is granted, the examiner will reconsider the case in view of the new information, and if appropriate, will reopen prosecution. See MPEP § 2256 for a detailed discussion of the criteria for obtaining entry and consideration of an information disclosure statement filed after a NIRC.
The rules do not provide for an amendment to be filed in a reexamination proceeding after a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) has been issued. Note that 37 CFR 1.312 does not apply in a reexamination proceeding. Any amendment, information disclosure statement, or other paper related to the merits of the reexamination proceeding filed after the NIRC must be accompanied by a petition under 37 CFR 1.182. The petition must be granted, in order to have the amendment, information disclosure statement, or other paper related to the merits considered. Where an amendment, information disclosure statement, or other paper related to the merits of the reexamination proceeding is filed after the NIRC, and the accompanying petition under 37 CFR 1.182 is granted, the examiner will reconsider the case in view of the new information, and if appropriate, will reopen prosecution. See MPEP § 2256 for a detailed discussion of the criteria for obtaining entry and consideration of an information disclosure statement filed after a NIRC.
Ex Parte Reexamination
The rules do not provide for an amendment to be filed in a reexamination proceeding after a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) has been issued. Note that 37 CFR 1.312 does not apply in a reexamination proceeding. Any amendment, information disclosure statement, or other paper related to the merits of the reexamination proceeding filed after the NIRC must be accompanied by a petition under 37 CFR 1.182. The petition must be granted, in order to have the amendment, information disclosure statement, or other paper related to the merits considered. Where an amendment, information disclosure statement, or other paper related to the merits of the reexamination proceeding is filed after the NIRC, and the accompanying petition under 37 CFR 1.182 is granted, the examiner will reconsider the case in view of the new information, and if appropriate, will reopen prosecution. See MPEP § 2256 for a detailed discussion of the criteria for obtaining entry and consideration of an information disclosure statement filed after a NIRC.
Reexamination Order
The rules do not provide for an amendment to be filed in a reexamination proceeding after a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) has been issued. Note that 37 CFR 1.312 does not apply in a reexamination proceeding. Any amendment, information disclosure statement, or other paper related to the merits of the reexamination proceeding filed after the NIRC must be accompanied by a petition under 37 CFR 1.182. The petition must be granted, in order to have the amendment, information disclosure statement, or other paper related to the merits considered. Where an amendment, information disclosure statement, or other paper related to the merits of the reexamination proceeding is filed after the NIRC, and the accompanying petition under 37 CFR 1.182 is granted, the examiner will reconsider the case in view of the new information, and if appropriate, will reopen prosecution. See MPEP § 2256 for a detailed discussion of the criteria for obtaining entry and consideration of an information disclosure statement filed after a NIRC.
Citations
| Primary topic | Citation |
|---|---|
| Ex Parte Reexamination Notice of Intent to Issue Reexamination Certificate (NIRC) Reexamination Order | 37 CFR § 1.182 |
| Ex Parte Reexamination Notice of Intent to Issue Reexamination Certificate (NIRC) Reexamination Order | 37 CFR § 1.312 |
| Ex Parte Reexamination Notice of Intent to Issue Reexamination Certificate (NIRC) Reexamination Order | MPEP § 2256 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2287.01 — Examiner Consideration of Submissions After a NIRC
Source: USPTO2287.01 Examiner Consideration of Submissions After a NIRC [R-07.2015]
The rules do not provide for an amendment to be filed in a reexamination proceeding after a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) has been issued. Note that 37 CFR 1.312 does not apply in a reexamination proceeding. Any amendment, information disclosure statement, or other paper related to the merits of the reexamination proceeding filed after the NIRC must be accompanied by a petition under 37 CFR 1.182. The petition must be granted, in order to have the amendment, information disclosure statement, or other paper related to the merits considered. Where an amendment, information disclosure statement, or other paper related to the merits of the reexamination proceeding is filed after the NIRC, and the accompanying petition under 37 CFR 1.182 is granted, the examiner will reconsider the case in view of the new information, and if appropriate, will reopen prosecution. See MPEP § 2256 for a detailed discussion of the criteria for obtaining entry and consideration of an information disclosure statement filed after a NIRC.
Any “Comments on Statement of Reasons for Patentability and/or Confirmation” which are received will be placed in the reexamination file, without comment. This will be done even when the reexamination certificate has already issued.