When is a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) issued?
A Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) is issued in two main scenarios: When all claims are rejected or objected to in the prior Office action, the examiner will issue a NIRC indicating that all claims have been canceled and terminating the prosecution. When at least one claim is free of…
Read MoreWhat 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 MoreWhat happens to unamended patent claims in reexamination after a Board decision?
The treatment of unamended patent claims in reexamination after a Board decision depends on whether the claim is rejected or allowed. If an unamended patent claim is rejected and the Board affirms the rejection, the claim will be canceled. However, dependent claims based on the rejected unamended patent claim may still be confirmed or deemed…
Read MoreAt what point in the reexamination process can a title change be made?
According to MPEP 2660.02, a patent title change can be made at different points during the reexamination process: Early in the prosecution: “The examiner should point out the need for the change as early as possible in the prosecution, as a part of an Office action.” At the conclusion of the reexamination: “Where the examiner…
Read MoreWhat 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 MoreWhat 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 MoreWhat is the role of panel review conferences in issuing a NIRC?
Panel review conferences play a crucial role in the issuance of a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) when at least one claim is found patentable. The process involves: The examiner formulates a draft preliminary NIRC. The examiner informs their supervisor (SPRS or QAS) of the intent to issue the NIRC.…
Read MoreWhat 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 MoreWhat 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 MoreHow is a patent title change implemented during reexamination?
A change in the patent title during reexamination can only be implemented through a specific procedure. According to MPEP 2660.02: “A change in the title in a reexamination can only be effected via a formal examiner’s amendment accompanying the Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) at the time that the prosecution…
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