What happens if a reexamination proceeding is terminated without a certificate?

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 reexamination proceeding is terminated without a certificate, the following actions occur:

• The reexamination file is stored in the storage area for terminated reexamination files.
• The patent file is returned to the storage area for patented cases.
• The MPEP 2278 states: “The reexamination file will then be forwarded to the Office of Patent Legal Administration for review and mailing of the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC).“

This process ensures proper documentation and handling of terminated reexamination proceedings.