37 CFR § 1.923 — Examiner’s determination on the request forinter partesreexamination. — MPEP Index – BlueIron IP
37 CFR § 1.923 Examiner’s determination on the request forinter partesreexamination.
This page consolidates MPEP guidance interpreting 37 CFR § 1.923, including 0 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Official MPEP § 1.923 — Examiner’s determination on the request forinter partesreexamination.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.923 Examiner’s determination on the request for inter partes reexamination.
Within three months following the filing date of a request for inter partes reexamination under § 1.915 , the examiner will consider the request and determine whether or not the request and the prior art establish a reasonable likelihood that the requester will prevail with respect to at least one of the claims challenged in the request. The examiner’s determination will be based on the claims in effect at the time of the determination, will become a part of the official file of the patent, and will be mailed to the patent owner at the address as provided for in § 1.33(c) and to the third party requester. If the examiner determines that the request has not established a reasonable likelihood that the requester will prevail with respect to at least one of the challenged claims, the examiner shall refuse the request and shall not order inter partes reexamination.
[Added, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001; revised, 72 FR 18892, Apr. 16, 2007, effective May 16, 2007; revised, 76 FR 59055, Sept. 23, 2011, effective Sept. 23, 2011]