What are the requirements for submitting information after the Notice of Intent to Issue Reexamination Certificate (NIRC)?

Submitting information after the Notice of Intent to Issue Reexamination Certificate (NIRC) requires meeting specific criteria due to the advanced stage of the reexamination process. According to MPEP 2656, the submission must be accompanied by:

1. A factual accounting providing a sufficient explanation of why the information could not have been submitted earlier
2. An unequivocal statement that one or more claims are unpatentable
3. An amendment to such claim or claims, and an explanation as to how the amendment causes such claim or claims to be patentable

Additionally, the MPEP states:

“This must be provided via a petition under 37 CFR 1.182 (with petition fee) for entry and consideration of the information submitted after NIRC.”

These requirements are necessary to justify interrupting the reexamination certificate printing process while complying with the statutory mandate for “special dispatch” in reexamination proceedings. The strict criteria reflect the advanced stage of the process and the need for a compelling reason to consider new information at this late stage.

To learn more:

• NIRC
• reexamination certificate
• late submission
• MPEP 2656