What is a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC)?

A Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) is a document issued by the patent examiner at the conclusion of an inter partes reexamination proceeding. It is prepared using Form PTOL-2068 and indicates the examiner’s intention to issue a reexamination certificate. According to the MPEP, Upon conclusion of the inter partes reexamination…

Read More

What are the requirements for submitting information after the Notice of Intent to Issue Reexamination Certificate (NIRC)?

Submitting information after the Notice of Intent to Issue Reexamination Certificate (NIRC) requires meeting specific criteria due to the advanced stage of the reexamination process. According to MPEP 2656, the submission must be accompanied by: A factual accounting providing a sufficient explanation of why the information could not have been submitted earlier An unequivocal statement…

Read More

What is the significance of a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC)?

A Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) is a crucial document in the ex parte reexamination process. Its significance is outlined in MPEP 2260: “If the patent owner’s response overcomes all rejections and objections, a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) should be issued.” The NIRC serves…

Read More

What is the process for concluding an ex parte reexamination proceeding?

What is the process for concluding an ex parte reexamination proceeding? The conclusion of an ex parte reexamination proceeding involves several steps as outlined in the MPEP: Issuance of a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) Addressing any amendments made in response to the NIRC Processing and publishing the reexamination certificate…

Read More

What are the requirements for submitting prior art after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC)?

Submitting prior art after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) requires meeting specific conditions due to the statutory mandate for “special dispatch” in reexamination proceedings. The MPEP states: “[T]he submission must be accompanied by (A) a factual accounting providing a sufficient explanation of why the information submitted could not have…

Read More