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.”
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2271 - Final Action,
Patent Law,
Patent Procedure