What happens if all claims are canceled in an ex parte reexamination?

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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 all claims are canceled in an ex parte reexamination, the proceeding concludes with a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC). The MPEP states: “If all claims are canceled in an ex parte reexamination proceeding, a NIRC will still be issued.” ( MPEP 2287 ) This means that even without any remaining claims, the USPTO will formally conclude the reexamination process by issuing a certificate. The certificate will indicate that all claims have been canceled. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Notice of Intent to Issue Ex Parte Reexamination Certificate Must Be Prepared MPEP 2287 Required Notice of Intent to Issue Reexamination Certificate Terminates Prosecution MPEP 2287 Notice of Intent to Issue Reexamination Certificate Required When Conference Confirms Examiner’s Decision MPEP 2287 Required Notice of Intent to Issue Reexamination Certificate Required MPEP 2287 Review Required for Reexamination Certificate MPEP 2287 Required All Claims with SNQ Must Be Examined MPEP 2287 Required Claims Must Be Withdrawn If Patent Expires During Reexamination MPEP 2287 Required NIRC Action With Examiner’s Amendment Cancelling All Claims MPEP 2287 Requirements for NIRC Submission Before Processing MPEP 2287 Recommended Examiner Must Prepare Reexamination File for Certificate Issuance MPEP 2287 Required Other Related FAQs 5 FAQs Collapse What happens if all claims are disclaimed in a patent under reexamination? Can amendments be made after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC)? How are canceled claims handled in the ex parte reexamination certificate? Can the title or abstract of a patent be changed during...