When is an Ex Parte Reexamination Certificate issued?
An Ex Parte Reexamination Certificate is issued at the conclusion of an ex parte reexamination proceeding. According to MPEP 2288, the certificate is issued:
“when the time for appeal has expired or any appeal proceeding has terminated”
This means the certificate is issued after all opportunities for challenging the results of the reexamination have been exhausted or waived. It’s important to note that, as stated in the MPEP:
“Since abandonment is not possible in a reexamination proceeding, a reexamination certificate will be issued and published at the conclusion of the proceeding in each patent in which a reexamination proceeding has been ordered under 37 CFR 1.525”
This ensures that every ordered reexamination results in a formal conclusion, either through the issuance of a certificate or in rare cases, through other means such as the grant of a reissue patent.
To learn more: