What happens after a final rejection in a reexamination proceeding?

After a final rejection in a reexamination proceeding, the patent owner’s rights to unrestricted further prosecution are limited. The MPEP states: Once a final rejection that is not premature has been entered in a reexamination proceeding, the patent owner no longer has any right to unrestricted further prosecution.

Amendments submitted after final rejection are subject to strict standards under 37 CFR 1.116, and those submitted after appeal are governed by 37 CFR 41.33. It’s crucial for both examiners and patent owners to address all issues before the final Office action, as there are no opportunities to refile under 37 CFR 1.53(b) or (d), or to file a request for continued examination under 37 CFR 1.114.

To learn more:

• final rejection
• reexamination
• patent prosecution
• amendments
• appeal