What happens when a reexamination proceeding is terminated?

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.

When a reexamination proceeding is terminated, the following steps are taken according to MPEP 2294:

• The reexamination file is forwarded to the Central Reexamination Unit (CRU) if not already there
• The file is given a 420 status
• A copy of the PALM “Application Number Information” screen and the “Contents” screen is printed and annotated with “PROCEEDING CONCLUDED”
• The annotated copy is scanned into IFW using the miscellaneous letter document code
• No partial refund is made in this instance

The MPEP states: “A reexamination file (IFW or paper) in which the reexamination proceeding has been terminated should be forwarded to the Central Reexamination Unit (CRU) if the file is not already there. The reexamination file will then be given a 420 status. […] A partial refund is not made in this instance, since the reexamination was properly commenced and addressed, and was terminated later based upon a court decision, or the like.“