What happens if a petition for inter partes reexamination is granted?
If a petition for inter partes reexamination is granted, the following steps occur according to MPEP 2648:
- The CRU Director signs the decision granting the petition.
- The decision includes a statement that an Office action will be mailed in due course.
- The reexamination file is forwarded to the CRU support staff for processing and mailing of the decision.
- The case may be reassigned to another examiner under 37 CFR 1.931(b).
- The new examiner prepares a first Office action.
The MPEP states: “If the petition is granted, the decision of the CRU Director should include a sentence stating that an Office action will be mailed in due course.”
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2648 - Petition From Denial Of Request,
Patent Law,
Patent Procedure