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
Tags: inter partes reexamination, patent procedure, reexamination certificate, Reexamination Conclusion, Reissue Patent