How is the Inter Partes Reexamination Certificate published?

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 Inter Partes Reexamination Certificate is published by the USPTO to officially conclude the reexamination proceeding. According to MPEP 2688:

“A notice of the issuance of each certificate under this section will be published in the Official Gazette.”

The MPEP further clarifies that the notice is published on the date of issuance of the certificate and uses a format similar to that used for reissue patents. This publication in the Official Gazette serves as a public notification of the changes made to the patent as a result of the reexamination process.

Additionally, the certificate itself is mailed to the patent owner and a copy is sent to the third-party requester of the inter partes reexamination proceeding, ensuring that all parties are informed of the outcome.

Topics: MPEP 2600 - Optional Inter Partes Reexamination MPEP 2688 - Issuance Of Inter Partes Reexamination Certificate Patent Law Patent Procedure
Tags: inter partes reexamination, Official Gazette, Patent Certificate, USPTO