Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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.
The conclusion of an ex parte reexamination proceeding involves several steps as outlined in the MPEP:
- Issuance of a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC)
- Addressing any amendments made in response to the NIRC
- Processing and publishing the reexamination certificate
The MPEP states: “The examiner will prepare for and issue a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) and a current listing of the claims.” (MPEP 2287)
After the NIRC is issued, there may be a brief period for amendments. Once all issues are resolved, the USPTO will process and publish the reexamination certificate, officially concluding the proceeding.
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