What is the process for issuing a final action in an ex parte reexamination?

The process for issuing a final action in an ex parte reexamination involves several steps:

  • Developing a clear issue between the examiner and the patent owner
  • Providing the patent owner with information and references twice before making the action final
  • Conducting a panel review conference to discuss the issuance of the final action
  • Preparing and revising the action as needed after the conference
  • Issuing and signing the final Office action by the examiner, with conferees initialing the action

As stated in MPEP § 2271: “It is intended that the second Office action in the reexamination proceeding following the decision ordering reexamination will generally be made final.”

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Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2271 - Final Action, Patent Law, Patent Procedure
Tags: ex parte reexamination, Final Action, patent examination, USPTO procedures