What are the three ways an inter partes reexamination proceeding can be concluded?
According to MPEP 2694, inter partes reexamination proceedings can be concluded in three ways:
- (A) By bringing the prosecution to an end through denial, vacating, or termination of the reexamination proceeding.
- (B) By issuing a reexamination certificate under 37 CFR 1.997(b).
- (C) By merging the reexamination proceeding with a reissue proceeding and granting a reissue patent under 37 CFR 1.997(e).
The MPEP states: “Inter partes reexamination proceedings may be concluded in one of three ways: (A) The prosecution of the reexamination 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. (B) The proceeding may be concluded under 37 CFR 1.997(b) with the issuance of a reexamination certificate. (C) The proceeding may be concluded under 37 CFR 1.997(e) where the reexamination proceeding has been merged with a reissue proceeding and a reissue patent is granted.”
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2694 - Concluded Reexamination Proceedings,
Patent Law,
Patent Procedure