What is the typical timing for the first Office action in an inter partes reexamination?
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.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2660 - First Office Action,
Patent Law,
Patent Procedure