What happens if a petition for reexamination is granted after initial denial?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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 reexamination is granted after an initial denial, the process moves forward. According to MPEP 2248 : “If the petition is granted, the decision of the CRU Director should include a sentence setting a two-month period for filing a statement under 37 CFR 1.530 ; the reexamination file will then be returned to the CRU Supervisory Patent Reexamination Specialist (SPRS) of the art unit that will handle the reexamination for consideration of reassignment to another examiner.” Generally, the case will be reassigned to a different examiner, especially if the original determination failed to find any substantial new question of patentability (SNQ). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition for Review of Examiner’s Determination Refusing Reexamination MPEP 2248 Two-Month Period for Reexamination Assignment MPEP 2248 Recommended Petition Seeking Review Must Be Filed Within One Month MPEP 2248 Reexamination Proceeding Can Be Reassigned to Original Examiner MPEP 2248 Permitted Petition for Review of Partial Reexamination Grant MPEP 2248 Permitted Final and Nonappealable Decision on Ex Parte Reexamination MPEP 2248 Petition for Review of Reexamination Determination MPEP 2248 Final Decision on Ex Parte Reexamination MPEP 2248 Decision on Petition Under 37 CFR 1.515(c) Is Final and Not Appealable MPEP 2248 Partial Refund of Filing Fee After Denial MPEP 2248 Other Related FAQs 5 FAQs Collapse Can the decision on a petition from denial of reexamination be appealed? Can you petition a partial grant of a reexamination request? What is the process for petitioning a denial of an ex parte reexamination request? What is the time limit for filing a petit...