How does the USPTO provide notice for reexamination requests under 35 U.S.C. 302?
The USPTO provides notice for reexamination requests filed under 35 U.S.C. 302 through publication in the Official Gazette. This is particularly important when direct communication with the patent owner is not possible. MPEP 2230 states: “The publication in the Official Gazette of (A) the notice of the filing of a request for reexamination filed under…
Read MoreWhat types of prior art can be used in a reexamination request under 35 U.S.C. 302?
In a reexamination request under 35 U.S.C. 302, the following types of prior art can be used: Patents or printed publications Prior art that was available to the public before the effective filing date of the claimed invention Prior art that raises a substantial new question of patentability As stated in MPEP 2244: “The prior…
Read MoreCan new prior art be submitted during the reexamination process under 35 U.S.C. 302?
The submission of new prior art during the reexamination process under 35 U.S.C. 302 is subject to specific rules. According to MPEP 2244: “After reexamination is ordered based on the request, any later submitted patents and/or printed publications must be accompanied by a submission under 37 CFR 1.501(c) and may be utilized in the continuing…
Read MoreWhat is the legal basis for ex parte reexamination requests?
The legal basis for ex parte reexamination requests is established in United States patent law. The MPEP section refers to this statute: “…request for ex parte reexamination filed under 35 U.S.C. 302…” 35 U.S.C. 302 is the specific statute that provides the legal foundation for ex parte reexamination requests. This law outlines the requirements and…
Read MoreWhat is required in a request for ex parte reexamination under 35 U.S.C. 302?
A request for ex parte reexamination under 35 U.S.C. 302 must include: An identification of every claim for which reexamination is requested A detailed explanation of the pertinency and manner of applying the cited prior art to every claim for which reexamination is requested As stated in the MPEP, “The third sentence of 35 U.S.C.…
Read MoreHow does the duty of disclosure differ between ex parte reexamination under 35 U.S.C. 302 and 35 U.S.C. 257?
The duty of disclosure differs between ex parte reexamination proceedings under 35 U.S.C. 302 and 35 U.S.C. 257. MPEP 2280 explains: “The material to patentability standard set forth in 37 CFR 1.56(b), which is applicable to patent applications, and not the standard set forth in 37 CFR 1.555(b), applies in ex parte reexamination proceedings ordered…
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