What is the time frame for issuing a decision on inter partes reexamination?

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.

According to MPEP 2646, the Office must issue a decision on inter partes reexamination within three months following the filing date of a request. The MPEP states:

“35 U.S.C. 312 and 313 require that the PTO determine whether or not to order reexamination within 3 months of the filing date of a request.”

This three-month period is crucial for maintaining the efficiency of the reexamination process and ensuring timely decisions for all parties involved.