What happens after an examiner prepares a decision in a reexamination proceeding?

After the examiner has prepared, proofread, and signed the final version of a decision in a reexamination proceeding, the following steps occur:

  • The reexamination file and decision are forwarded to the Central Reexamination Unit (CRU) Legal Instrument Examiner (LIE).
  • The CRU LIE coordinates the clerical processing carried out by the technical support staff.
  • A copy of the decision is mailed to the patent owner and any third party involved.
  • Any required copies of prior art documents are also mailed.
  • The signed copy of the decision and copies of any enclosed prior art are recorded in the reexamination electronic file history.

As stated in MPEP 2245: “After the examiner has prepared the decision and proofread and signed the final version, the reexamination file and decision are forwarded to the Central Reexamination Unit (CRU) Legal Instrument Examiner (LIE) for coordinating the clerical processing carried out by the technical support staff.

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Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2245 - Processing Of Decision, Patent Law, Patent Procedure
Tags: cru, Electronic File History, Patent Decision