How are reasons for patentability provided in ex parte reexamination?
In ex parte reexamination, examiners are required to provide reasons for patentability, unless all claims are canceled in the proceeding. These reasons are typically provided as an attachment to the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC). According to MPEP 2287: “In the attachment to the NIRC, the examiner should indicate why…
Read MoreHow are reasons for patentability provided in a NIRC?
Reasons for patentability must be provided for every claim identified as patentable in the Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC), unless all claims are canceled. The process involves: Indicating why the claims found patentable are clearly patentable over cited patents or printed publications. Using a manner similar to indicating reasons for…
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