When does the Central Reexamination Unit (CRU) retain jurisdiction in inter partes reexamination?

The Central Reexamination Unit (CRU) retains jurisdiction over the inter partes reexamination proceeding until specific conditions are met. According to MPEP 2679:

jurisdiction over the inter partes reexamination proceeding (i.e., to consider briefs, conduct an appeal conference, draft an examiner’s answer, and decide the entry of amendments, evidence, and information disclosure statements filed after the Right of Appeal Notice (RAN) or after the filing of a notice of appeal) is retained in the Central Reexamination Unit (CRU) until a docketing notice is entered after the time period for filing the last rebuttal brief expires or the examiner acknowledges the receipt and entry of the last rebuttal brief.

This means the CRU retains jurisdiction:

  • Until a docketing notice is entered after the last rebuttal brief filing period expires, or
  • Until the examiner acknowledges receipt and entry of the last rebuttal brief

To learn more:

Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2679 - Office Treatment Of Rebuttal Brief, Patent Law, Patent Procedure
Tags: Cru Jurisdiction, inter partes reexamination, patent appeal process, Rebuttal Brief