What is the significance of a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC)?

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.

A Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) is a crucial document in the ex parte reexamination process. Its significance is outlined in MPEP 2260:

“If the patent owner’s response overcomes all rejections and objections, a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) should be issued.”

The NIRC serves several important purposes:

• It indicates that the examiner has found the claims patentable and intends to conclude the reexamination proceeding.
• It provides notice to the patent owner that the reexamination will be terminated favorably.
• It outlines the examiner’s reasons for allowing or confirming the patentability of the claims.
• It sets forth the text of the claims that will be included in the reexamination certificate.

The issuance of an NIRC signifies the successful conclusion of the ex parte reexamination process, leading to the issuance of a reexamination certificate that may confirm, cancel, or amend the claims of the original patent.