When is a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) issued?
A Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) is issued in two main scenarios:
- When all claims are rejected or objected to in the prior Office action, the examiner will issue a NIRC indicating that all claims have been canceled and terminating the prosecution.
- When at least one claim is free of rejection and objection, the examiner will issue a NIRC identifying all patentable claims and canceled claims.
The MPEP states: The following are the only instances when issuance of a NIRC action would be proper in an inter partes reexamination proceeding:
followed by these two scenarios.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2687 - Notice Of Intent To Issue Inter Partes Reexamination Certificate (Nirc) And Conclusion Of Reexamination Proceeding,
Patent Law,
Patent Procedure