What is the process for preparing a decision on a request for ex parte reexamination?
The process for preparing a decision on a request for ex parte reexamination involves several steps, as outlined in MPEP 2246:
- The reexamination file is reviewed in the Central Reexamination Unit (CRU) to ensure it’s ready for examination.
- The proceeding is assigned to an examiner.
- The examiner prepares for and sets up a panel review conference.
- The examiner may prepare the decision and, if applicable, the first Office action before or after the conference.
- If the conference confirms the decision to grant reexamination, the examiner completes and signs the decision, with conferees initialing.
- The decision is processed and mailed, along with any necessary forms and references.
The MPEP states: “After the examiner receives the new reexamination file, the examiner will prepare for and set up a panel review conference as per MPEP § 2271.01, to discuss the issuance of a decision on the request for reexamination.”
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2246 - Decision Ordering Reexamination Under 35 U.S.C. 304,
Patent Law,
Patent Procedure