Is a partial refund provided when a reexamination is terminated?
According to MPEP 2694, when a reexamination is terminated, a partial refund is not provided. This is because the reexamination was properly commenced and addressed before being terminated based on external factors such as a court decision.
The MPEP states: “A partial refund is not made in this instance, since the reexamination was properly commenced and addressed, and was terminated later based upon a court decision, or the like.“
The process for a terminated reexamination includes:
- Forwarding the file to the Central Reexamination Unit (CRU).
- Assigning an 820 status (reexamination terminated) to the file.
- Annotating and scanning a copy of the PALM screens with “PROCEEDING CONCLUDED” into the Image File Wrapper (IFW).
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2694 - Concluded Reexamination Proceedings,
Patent Law,
Patent Procedure