What happens if an ex parte reexamination certificate is not issued within 3 months?
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.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2288 - Issuance Of Ex Parte Reexamination Certificate,
Patent Law,
Patent Procedure