What are the three ways an inter partes reexamination proceeding can be concluded?
According to MPEP 2694, inter partes reexamination proceedings can be concluded in three ways: (A) By bringing the prosecution to an end through denial, vacating, or termination of the reexamination proceeding. (B) By issuing a reexamination certificate under 37 CFR 1.997(b). (C) By merging the reexamination proceeding with a reissue proceeding and granting a reissue…
Read MoreIs a partial refund provided when a reexamination is terminated?
According to MPEP 2694, when a reexamination is terminated, a partial refund is not provided. This is because the reexamination was properly commenced and addressed before being terminated based on external factors such as a court decision. The MPEP states: “A partial refund is not made in this instance, since the reexamination was properly commenced…
Read MoreWhat happens when a reexamination proceeding is merged with a reissue proceeding?
When a reexamination proceeding is merged with a reissue proceeding, MPEP 2694 outlines the following process: The proceeding is concluded under 37 CFR 1.997(e). A reissue patent is granted instead of issuing an individual reexamination certificate. The reissue patent serves as the certificate for the reexamination proceeding. The merged proceeding is processed according to MPEP…
Read MoreWhat happens when a reexamination is denied or vacated?
When a reexamination is denied or vacated, the following steps are taken according to MPEP 2694: The reexamination file is forwarded to the Central Reexamination Unit (CRU) if not already there. The CRU processes the file to provide a partial refund as per 37 CFR 1.26(c). The file is given an 820 status (reexamination denied)…
Read MoreWhat is the role of the Central Reexamination Unit (CRU) in concluded reexamination proceedings?
The Central Reexamination Unit (CRU) plays a crucial role in handling concluded reexamination proceedings, as outlined in MPEP 2694. The CRU’s responsibilities include: Processing files for denied or vacated reexaminations to provide partial refunds. Assigning appropriate status codes to reexamination files (e.g., 820 for denied or terminated, 822 for vacated). Reviewing files for reexamination proceedings…
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