What is the role of panel review conferences in issuing a NIRC?

Panel review conferences play a crucial role in the issuance of a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) when at least one claim is found patentable. The process involves:

1. The examiner formulates a draft preliminary NIRC.
2. The examiner informs their supervisor (SPRS or QAS) of the intent to issue the NIRC.
3. A panel review conference is convened to review the patentability of the remaining claims.
4. If the conference confirms the examiner’s decision, the NIRC is issued and signed by the examiner and initialed by the conferees.
5. If the conference does not confirm the decision, the examiner reevaluates and issues an appropriate Office action.

The MPEP states: A panel review conference will be convened, and the conference members will review the patentability of the remaining patentable claim(s) pursuant to MPEP § 2671.03.

To learn more:

• Panel Review Conference
• NIRC
• Inter Partes Reexamination
• USPTO Procedures