What happens if the Deputy Commissioner refuses to issue a reexamination order?
If the Deputy Commissioner for Patents decides not to issue a reexamination order after considering a potential case, the matter is handled discreetly. According to MPEP 2239:
“If the Deputy Commissioner for Patents who oversees the Office of Petitions refuses to issue an order for reexamination, no record of any consideration of the matter will be maintained in the patent file or anywhere else in the Office, and the patent owner will not be notified.”
This policy ensures that patents are not unnecessarily burdened with records of considered but ultimately rejected reexamination proposals, maintaining the integrity and clarity of the patent file.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2239 - Reexamination Ordered At The Director'S Initiative,
Patent Law,
Patent Procedure