MPEP 2600
Optional Inter Partes Reexamination
This is the Ninth Edition of the MPEP, Revision 07.2022, Last Revised in February 2023
Chapter 2600: Optional Inter Partes Reexamination
2601: Introduction
2601.01: Flowcharts
2602: Citation of Prior Art
2603: Reserved
2609: Inter Partes Reexamination
2610: Request for Inter Partes Reexamination
2611: Time for Requesting Inter Partes Reexamination
2612: Persons Who May File a Request
2613: Representative of Requester
2614: Content of Request for Inter Partes Reexamination
2615: Fee for Requesting Inter Partes Reexamination
2616: Substantial New Question of Patentability/Reasonable Likelihood That Requester Will Prevail
2617: Statement in the Request Applying Prior Art
2618: Copies of Prior Art (Patents and Printed Publications)
2619: Copy of Printed Patent
2620: Certificate of Service
2621: Reserved
2622: Address of Patent Owner
2623: Withdrawal of Attorney or Agent
2624: Correspondence
2625: Untimely Paper Filed Prior to First Office Action
2626: Initial Processing of Request for Inter Partes Reexamination
2627: Incomplete Request for Inter Partes Reexamination
2628: Reserved
2629: Notice of Request for Inter Partes Reexamination in Official Gazette
2630: Constructive Notice to Patent Owner
2631: Processing of Request Corrections
2632: Public Access
2632.01: Determining If a Reexamination Request Was Filed for a Patent
2633: Reserved
2634: Fee Processing and Procedure
2635: Record Systems
2636: Assignment of Reexamination
2637: Reserved
2638: Time Reporting
2639: Reserved
2640: Decision on Request
2641: Time for Deciding Request
2642: Criteria for Deciding Request
2643: Claims Considered in Deciding Request
2644: Prior Art on Which the Determination Is Based
2645: Reserved
2646: Decision Ordering Reexamination
2647: Decision Denying Reexamination
2647.01: Examples of Decisions on Requests
2647.02: Processing of Decision
2648: Petition From Denial of Request
2649: Reserved
2654: Conduct of Inter Partes Reexamination Proceedings
2655: Who Reexamines
2656: Prior Art Patents and Printed Publications Reviewed by Examiner in Reexamination
2657: Listing of Prior Art
2658: Scope of Inter Partes Reexamination
2659: Res Judicata and Collateral Estoppel in Reexamination Proceedings
2660: First Office Action
2660.01: Reserved
2660.02: The Title
2660.03: Dependent Claims
2661: Special Status for Action
2662: Time for Response and Comments
2663: Reserved
2664: Mailing of Office Action
2665: Extension of Time for Patent Owner Response
2666: Patent Owner Response to Office Action
2666.01: Amendment by Patent Owner
2666.02: Correction of Patent Drawings
2666.03: Correction of Inventorship
2666.04: Fees for Adding Claims
2666.05: Third Party Comments After Patent Owner Response
2666.06: Service of Papers
2666.07: Reserved
2666.10: Patent Owner Does Not Respond to Office Action
2666.11: Reserved
2666.20: Third Party Does Not Comment After Patent Owner Response
2666.21: Reserved
2666.30: Submission Not Fully Responsive to Non-final Office Action
2666.31: Reserved
2666.40: Patent Owner Completion of Response and Third Party Comments Thereon
2666.41: Reserved
2666.50: Examiner Issues Notice of Defective Paper in Inter Partes Reexamination
2666.51: Reserved
2666.60: Response by Patent Owner/Third Party to Notice of Defective Paper
2667: Handling of Inappropriate or Untimely Filed Papers
2668: Petition for Entry of Late Papers for Revival of Reexamination Proceeding
2669: Reserved
2670: Clerical Handling
2671: Examiner Action Following Response/Comments or Expiration of Time for Same
2671.01: Examiner Issues Action on Merits That Does Not Close Prosecution
2671.02: Examiner Issues Action Closing Prosecution (ACP)
2671.03: Panel Review
2672: Patent Owner Comments/Amendment After ACP and Third Party Requester Responsive Comments
2673: Examiner Consideration of Submissions After ACP and Further Action
2673.01: Reopening Prosecution After ACP
2673.02: Examiner Issues Right of Appeal Notice (RAN)
2674: Appeal in Inter Partes Reexamination
2674.01: Cross Appeal After Original Appeal
2675: Appellant Brief
2675.01: Respondent Brief
2675.02: Informalities in One or More of the Briefs
2676: Appeal Conference
2677: Examiner’s Answer
2678: Rebuttal Briefs
2679: Office Treatment of Rebuttal Brief
2680: Oral Hearing
2681: Board Decision
2682: Action Following Decision
2683: Appeal to Courts
2684: Information Material to Patentability in Reexamination Proceeding
2685: No Interviews on Merits in Inter Partes Reexamination Proceedings
2686: Notification of Existence of Prior or Concurrent Proceedings and Decisions Thereon
2686.01: Multiple Copending Reexamination Proceedings
2686.02: Copending Reexamination and Interference Proceedings
2686.03: Copending Reexamination and Reissue Proceedings
2686.04: Reexamination and Litigation Proceedings
2686.05: Reexamination and Inter Partes Review Proceedings, Post-Grant Review, and Covered Business Method Patent Review
2687: Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) and Conclusion of Reexamination Proceeding
2687.01: Examiner Consideration of Submissions After NIRC
2688: Issuance of Inter Partes Reexamination Certificate
2689: Reexamination Review
2690: Format of Inter Partes Reexamination Certificate
2691: Notice of Inter Partes Reexamination Certificate Issuance in Official Gazette
2692: Distribution of Certificate
2693: Intervening Rights
2694: Concluded Reexamination Proceedings
2695: Reexamination of a Reexamination
2696: USPTO Forms To Be Used in Inter Partes Reexamination