MPEP Q&A 189: Issuance of NIRC Action in Inter Partes Reexamination Proceeding - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006

from 2020-01-21T15:02:14

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Question: Name one instance when issuance of a NIRC action would be proper in an inter partes reexamination proceeding. Answer: The following are the only instances when issuance of a NIRC action would be proper in an inter partes reexamination proceeding: There is no timely response by the patent owner to an Office action requiring a response. If all claims are under rejection, the examiner will issue a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC). All claims will be canceled by formal examiner’s amendment. After a Right of Appeal Notice (RAN) where no party to the reexamination…


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