How does the distribution of inter partes reexamination certificates affect patent copies?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The distribution of inter partes reexamination certificates has a direct impact on patent copies prepared by the USPTO:

  • All patent copies made after the certificate’s issuance will include the reexamination certificate.
  • This ensures that anyone obtaining a copy of the patent receives the most up-to-date information about its legal status.
  • It helps prevent confusion or misunderstanding about the patent’s scope or validity.

MPEP 2692 clearly states: A copy of the certificate will also be made a part of any patent copies prepared by the Office subsequent to the issuance of the certificate. This practice ensures that all stakeholders have access to the complete and current status of the patent, including any changes resulting from the reexamination process.

Topics: MPEP 2600 - Optional Inter Partes Reexamination MPEP 2692 - Distribution Of Certificate Patent Law Patent Procedure
Tags: Patent Copies, Patent Information, Reexamination Results, USPTO procedures