How does the “special dispatch” requirement affect prior art submissions in ex parte reexamination?
The “special dispatch” requirement, as mandated by 35 U.S.C. 305, significantly affects prior art submissions in ex parte reexamination, especially after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) has been mailed. The MPEP explains: “To automatically delay prosecution by pulling the proceeding from that process when such a submission has been…
Read MoreCan the scope of patent claims be enlarged during ex parte reexamination?
The scope of patent claims cannot be enlarged during ex parte reexamination. The MPEP clearly states: “35 U.S.C. 305 states that ‘no proposed amended or new claim enlarging the scope of a claim of the patent will be permitted in a reexamination proceeding….’” A claim is considered to enlarge the scope if it is broader…
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