What happens if a petition for inter partes reexamination is granted?

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.

If a petition for inter partes reexamination is granted, the following steps occur according to MPEP 2648:

1. The CRU Director signs the decision granting the petition.
2. The decision includes a statement that an Office action will be mailed in due course.
3. The reexamination file is forwarded to the CRU support staff for processing and mailing of the decision.
4. The case may be reassigned to another examiner under 37 CFR 1.931(b).
5. 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.”