What happens if an ex parte reexamination certificate is not issued within 3 months?

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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. According to MPEP 2288 , if an ex parte reexamination certificate is not issued within 3 months from the day the patent owner’s statement (or the time for filing such a statement expires), the requester may seek court intervention. The MPEP states: “If the reexamination certificate is not issued within that period, the requester may seek mandamus in the U.S. Court of Appeals for the Federal Circuit.” This provision ensures that the reexamination process is completed in a timely manner and provides a legal recourse for requesters if there are significant delays. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Copy of Ex Parte Reexamination Certificate for Requester MPEP 2288 Ex Parte Reexamination Certificate Must Be Mailed to Patent Owner on Same Day MPEP 2288 Statutory Disclaimer Included in Ex Parte Reexamination Certificate MPEP 2288 Ex Parte Reexamination Certificate Issuance MPEP 2288 Reissued Patent as Ex Parte Reexamination Certificate MPEP 2288 Required Ex Parte Reexamination Certificate Must Set Forth Results and Patent Content MPEP 2288 Contents of Ex Parte Reexamination Certificate MPEP 2288 Reexamination Conclusion Requires Issuance of Certificate MPEP 2288 Reexamination Certificate Required for Issuance MPEP 2288 Required Publication of Reexamination Certificate in Official Gazette MPEP 2288 Other Related FAQs 5 FAQs Collapse What happens if all patent claims are canceled in an Ex Parte Reexamination? How does the USPTO handle concurrent proceedings during ex parte reexamination? How is the public notified of an issued Ex Parte Reexamination Certificate? Who receives copies of the Ex Parte Reexamination Certificate? How does a reissue patent affect ...