What happens if all patent claims are canceled in an Inter Partes Reexamination?
If all patent claims are canceled as a result of an inter partes reexamination, the USPTO will issue a certificate reflecting this outcome. According to MPEP 2688:
“If a certificate issues which cancels all of the claims of the patent, no further Office proceedings will be conducted with regard to that patent or any reissue application or reexamination request directed thereto.”
This means that once all claims are canceled, the patent effectively ceases to exist, and the USPTO will not entertain any further proceedings related to that patent. However, the MPEP does note an extremely rare exception where a reissue application is copending with a reexamination proceeding. In such cases, the patent owner may file a petition under 37 CFR 1.183 requesting a waiver of certain provisions to address claims that were pending in the reissue application.
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