What are the three ways an inter partes reexamination proceeding can be concluded?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.”