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