Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
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 no amendments or new claims are proposed during ex parte reexamination, the process concludes with specific actions. According to MPEP 2287:
“If no amendments have been proposed and no claims have been added, (A) and (B) above are carried out and (C) through (G) are omitted.”
This means that the examiner will prepare a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) and an examiner’s amendment to change the title if needed. The other steps related to amendments and new claims are skipped.
Topics:
MPEP 2200 – Citation Of Prior Art And Ex Parte Reexamination Of Patents
MPEP 2287 – Conclusion Of Ex Parte Reexamination Proceeding
Patent Law
Patent Procedure