What are the key procedures for conducting inter partes reexamination proceedings?

Inter partes reexamination proceedings are conducted according to specific procedures established by law and regulation. According to MPEP 2654:

  • Reexamination follows procedures similar to initial examination, as stated in 35 U.S.C. 314(a): “Except as otherwise provided in this section, reexamination shall be conducted according to the procedures established for initial examination under the provisions of sections 132 and 133.”
  • The patent owner may propose amendments, but cannot enlarge the scope of claims.
  • Both the patent owner and third-party requester must serve documents on each other.
  • The third-party requester has 30 days to comment on patent owner responses.
  • Proceedings are conducted with “special dispatch” unless good cause is shown.

These procedures ensure a fair and efficient reexamination process with opportunities for both parties to participate.

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2654 - Conduct Of Inter Partes Reexamination Proceedings, Patent Law, Patent Procedure
Tags: inter partes reexamination, patent amendments, Patent Procedures, Special Dispatch, USPTO