What happens if the patent owner fails to complete their response in inter partes reexamination?

If the patent owner fails to complete their response within the allotted time in inter partes reexamination, the consequences can be severe. According to MPEP 2666.40: “If the patent owner fails to timely complete the response, the prosecution of the reexamination proceeding will be terminated, and a Notice of Intent to Issue Inter Partes Reexamination…

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What 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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Can amendments be made after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC)?

Can amendments be made after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC)? Yes, limited amendments can be made after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) is issued. The MPEP provides specific guidance on this: “In some instances, even after a NIRC has been issued, amendments affecting…

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What happens when all claims are canceled in an inter partes reexamination proceeding?

When all claims in an inter partes reexamination proceeding are to be canceled, the following process occurs: The examiner issues a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) indicating that all claims have been canceled and terminating the prosecution. An examiner’s amendment is drafted as an attachment to the NIRC, canceling all…

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How does the examiner determine whether to issue an ACP or a final rejection in ex parte reexamination?

The examiner’s decision to issue an Action Closing Prosecution (ACP) or a final rejection in ex parte reexamination depends on specific criteria outlined in the MPEP. According to 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. If…

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