What are the four ways ex parte reexamination proceedings can be concluded?
According to MPEP 2294, ex parte reexamination proceedings can be concluded in four ways:
- Denial of reexamination, vacating the reexamination proceeding, or terminating the reexamination proceeding
- Issuance of a Reexamination Certificate under 37 CFR 1.570(b)
- Merging with a reissue proceeding and granting a reissue patent under 37 CFR 1.570(e)
- Merging with an inter partes reexamination proceeding and issuing a single reexamination certificate under 37 CFR 1.997(b)
The MPEP states: “Ex parte reexamination proceedings may be concluded in one of four ways: (A) The prosecution of the proceeding may be brought to an end, and the proceeding itself concluded, by a denial of reexamination, or vacating the reexamination proceeding, or terminating the reexamination proceeding. (In these instances, no Reexamination Certificate is issued).”
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2294 - Concluded Reexamination Proceedings,
Patent Law,
Patent Procedure