37 CFR 1.570 — Issuance and publication of ex parte reexamination certificate concludes ex parte reexamination proceeding

Ninth Edition, Revision 01.2024

• (a) To conclude an ex parte reexamination proceeding, the Director will issue and publish an ex parte reexamination certificate in accordance with 35 U.S.C. 307 setting forth the results of the ex parte reexamination proceeding and the content of the patent following the ex parte reexamination proceeding.
• (b) An ex parte reexamination certificate will be issued and published in each patent in which an ex parte reexamination proceeding has been ordered under § 1.525 and has not been merged with any inter partes reexamination proceeding pursuant to § 1.989(a) . Any statutory disclaimer filed by the patent owner will be made part of the ex parte reexamination certificate.
• (c) The ex parte reexamination certificate will be mailed on the day of its date to the patent owner at the address as provided for in § 1.33(c) . A copy of the ex parte reexamination certificate will also be mailed to the requester of the ex parte reexamination proceeding.
• (d) If an ex parte reexamination certificate has been issued and published which cancels all of the claims of the patent, no further Office proceedings will be conducted with that patent or any reissue applications or any reexamination requests relating thereto.
• (e) If the ex parte reexamination proceeding is terminated by the grant of a reissued patent as provided in § 1.565(d) , the reissued patent will constitute the ex parte reexamination certificate required by this section and 35 U.S.C. 307 .
• (f) A notice of the issuance of each ex parte reexamination certificate under this section will be published in the Official Gazette on its date of issuance.

[46 FR 29187, May 29, 1981, effective July 1, 1981; para. (e), 47 FR 21753, May 19, 1982, effective July 1, 1982; revised, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001; para. (a) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; heading and paras. (a), (b), and (d) revised, 72 FR 18892, Apr. 16, 2007, effective May 16, 2007]