MPEP § 2287.01 — Examiner Consideration of Submissions After a NIRC (Annotated Rules)

§2287.01 Examiner Consideration of Submissions After a NIRC

USPTO MPEP version: BlueIron's Update: 2025-12-31

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

Topic

Notice of Intent to Issue Reexamination Certificate (NIRC)

3 rules
StatutoryInformativeAlways
[mpep-2287-01-2bfe157970c69a34961b5616]
Amendment Not Allowed After NIRC Issued
Note:
An amendment cannot be filed in a reexamination proceeding after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) is issued without a petition under 37 CFR 1.182.

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.

Jump to MPEP Source · 37 CFR 1.312Notice of Intent to Issue Reexamination Certificate (NIRC)Reexamination CertificateConclusion of Ex Parte Reexamination
StatutoryRequiredAlways
[mpep-2287-01-87b74af89dc10e674d0d80d6]
Petition Required for Post-NIRC Amendments
Note:
Any amendment, information disclosure statement, or other paper related to the merits of the reexamination proceeding filed after a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) must be accompanied by a petition under 37 CFR 1.182.

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.

Jump to MPEP Source · 37 CFR 1.312Notice of Intent to Issue Reexamination Certificate (NIRC)Conclusion of Ex Parte ReexaminationEx Parte Reexamination
StatutoryInformativeAlways
[mpep-2287-01-446c4da85fa3c8985532af50]
Amendments After NIRC Must Be Petitioned
Note:
An amendment, information disclosure statement, or other related to the merits must be accompanied by a petition under 37 CFR 1.182 and granted for reconsideration of the case.

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.

Jump to MPEP Source · 37 CFR 1.312Notice of Intent to Issue Reexamination Certificate (NIRC)Conclusion of Ex Parte ReexaminationEx Parte Reexamination
Topic

Ex Parte Reexamination

1 rules
StatutoryInformativeAlways
[mpep-2287-01-06b41f8591244a46b50db439]
Amendments Not Allowed After NIRC
Note:
No amendments can be filed after a Notice of Intent to Issue Ex Parte Reexamination Certificate without a petition under 37 CFR 1.182.

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.

Jump to MPEP Source · 37 CFR 1.312Ex Parte ReexaminationNotice of Intent to Issue Reexamination Certificate (NIRC)Reexamination Certificate
Topic

Reexamination Order

1 rules
StatutoryRequiredAlways
[mpep-2287-01-9e25f4799697113999da7aaa]
Petition Required for Merit Submissions After NIRC
Note:
A petition must be granted to consider amendments, information disclosure statements, or other merit-related papers filed after a Notice of Intent to Issue Ex Parte Reexamination Certificate.

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.

Jump to MPEP Source · 37 CFR 1.312Reexamination OrderNotice of Intent to Issue Reexamination Certificate (NIRC)Reexamination Certificate

Citations

Primary topicCitation
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.

BlueIron Last Updated: 2025-12-31