What happens if a reexamination proceeding concludes without issuing a reexamination certificate?
If a reexamination proceeding concludes without issuing a reexamination certificate, such as when reexamination is vacated or the order for reexamination is denied, the patent owner can still request a correction of inventorship. According to MPEP 2250.02:
“In some instances, the reexamination proceeding concludes but does not result in a reexamination certificate under 37 CFR 1.570 or 1.997, e.g., reexamination is vacated, or the order for reexamination is denied. In those instances, patent owner may, after the conclusion of the reexamination proceeding, request that the inventorship be corrected by a certificate of correction indicating the change of inventorship.”
This process is governed by 37 CFR 1.530(l)(2).
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2250.02 - Correction Of Inventorship,
Patent Law,
Patent Procedure