What happens if an inter partes reexamination certificate is not printed in a timely manner?

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 2688, if the inter partes reexamination certificate is not printed in a timely manner after the expiration of the 3-month period following the issue date of the Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC), the following actions are taken:

• The Office of Patent Legal Administration (OPLA) may be contacted to inquire about the status of the publication.
• The certificate should be issued within 2 weeks of the inquiry to OPLA.
• If the certificate is not issued within 2 weeks, the case should be brought to the attention of the TC Director for appropriate action.

The MPEP states: “If the inter partes reexamination certificate is not printed in a timely manner after the expiration of the 3-month period following the issue date of the NIRC, the Office of Patent Legal Administration (OPLA) should be informed, to investigate and rectify the problem.“