What is a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. A Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) is a document issued by the patent examiner at the conclusion of an inter partes reexamination proceeding. It is prepared using Form PTOL-2068 and indicates the examiner’s intention to issue a reexamination certificate. According to the MPEP, Upon conclusion of the inter partes reexamination proceeding, the examiner must complete a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) by filling out Form PTOL-2068. The NIRC may include an examiner’s amendment and must provide reasons for patentability for any claims found patentable. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Notice of Intent to Issue Reexamination Certificate Required After Review Period MPEP 1214.06 Recommended Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2687 No Longer Accept Inter Partes Reexamination Requests Filed After September 16, 2012 MPEP 2687 Ex Parte Reexamination Certificate Required MPEP 1215.01 Recommended Reexamination Certificate Is Required MPEP 2214 Required Reexamination Certificate Indicates Claim Status After Termination MPEP 2209 Examiner Must Cancel Claims 1 and 2, Issue Claim 3 Only MPEP 1214.06 Recommended No Fee for Reexamination Certificate Issuance MPEP 2233 Required Scope of Reexamination Certificate MPEP 2258 Amendment Must Reflect Reexamination Certificate Changes MPEP 1453 Required Other Related FAQs 5 FAQs Collapse What happens when all claims are canceled in an inter partes reexamination proceeding? How are examiner&#8217;s amendments handled in inter partes reexamination proceedings? How are reasons for patentability provided in a NIRC? ...