MPEP § 2601 — MPEP § 2601
Current through: 2022-07-01

2601-Introduction 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2600 

 Section 2601 
 

 
 
 
 
 
 2601 Introduction [R-01.2024]

 The optional inter partes reexamination
 procedure was added to the existing ex parte reexamination procedure on
 November 29, 1999 in the American Inventors Protection Act of 1999 (the AIPA), Public Law
 106-113, app. I, title IV, 113 Stat. 1501, 1501A-552 through 1501A-591. Sections 311 –
 318 
 of title 35 of the United States Code were added by the AIPA and were subsequently amended
 on November 2, 2002 by Public Law 107-273, div. C, title III, subtitles A and B, 116 Stat.
 1758, 1899 through 1906. The Leahy-Smith America Invents Act (the AIA), Public Law 112-29,
 125 Stat. 284, was enacted on September 16, 2011 and replaced the optional inter
 partes reexamination procedure with the inter partes review
 process. Pursuant to the AIA, the Office does not accept requests for inter
 partes reexamination filed on or after September 16, 2012 (see
 37 CFR
 1.913(b) ), but instead accepts petitions to conduct inter
 partes review. For any inter partes reexamination filed
 prior to September 16, 2012, the provisions of 35 U.S.C. 311 – 35 U.S.C. 318 as they
 were in effect prior to September 16, 2012 continue to apply to the inter
 partes reexamination proceedings.
 

 Guidance on the optional inter partes 
 reexamination procedure is no longer being reproduced in the Manual of Patent Examining
 Procedure (MPEP). For more information on the former practice, see revision 07.2022 of the
 9 th Edition of the MPEP.
 

 The ex parte reexamination option is
 still available. See MPEP §§
 2209 to 2296 for guidance on the procedures for
 ex parte reexamination proceedings.
 

 
 2601.01 Flowcharts [R-01.2024]

 The Office does not accept requests for inter partes 
 reexamination filed on or after September 16, 2012. See 37 CFR
 1.913(b) . Guidance on the former practice is available in revision
 07.2022 of the 9 th Edition of the MPEP.
 

 

 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 2601-Introduction 
 2601.01-Flowcharts 

 
 

 2602-Citation of Prior Art 

 2603 - 2608-[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 - 2653-[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 

 2666.07-2666.09-[Reserved] 

 2666.10-Patent Owner Does Not Respond to Office Action 

 2666.11 - 2666.19-[Reserved] 

 2666.20-Third Party Does Not Comment After Patent Owner Response 

 2666.21 - 2666.29-[Reserved] 

 2666.30-Submission Not Fully Responsive to Non-final Office Action 

 2666.31 - 2666.39-[Reserved] 

 2666.40-Patent Owner Completion of Response and Third Party Comments Thereon 

 2666.41-2666.49-[Reserved] 

 2666.50-Examiner Issues Notice of Defective Paper in Inter Partes Reexamination 

 2666.51-2666.59-[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 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:49:37