What is the typical timing for the first Office action in an inter partes reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
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 2660, the first Office action on the merits is usually mailed together with the order granting reexamination. The MPEP states:
“The first Office action on the merits will ordinarily be mailed together with the order granting reexamination.”
However, there are exceptions to this general practice. If it’s not possible to include the Office action with the order, the examiner should issue the Office action within two months from the mailing of the order, unless the case is awaiting merger with another proceeding.
Topics:
MPEP 2600 - Optional Inter Partes Reexamination
MPEP 2660 - First Office Action
Patent Law
Patent Procedure