What is the significance of a ‘bona fide attempt’ in patent reexamination responses?
A ‘bona fide attempt’ in patent reexamination responses refers to a genuine effort by the patent owner to advance the reexamination proceeding to final action, even if the response contains minor deficiencies.
According to MPEP 2266.01: “Where a patent owner submission responds to the rejections, objections, or requirements in a non-final Office action and is a bona fide attempt to advance the reexamination proceeding to final action, but contains a minor deficiency (e.g., fails to treat every rejection, objection, or requirement), the examiner may simply act on the amendment and issue a new (non-final or final) Office action.”
The significance of a bona fide attempt is that:
- It allows the examiner to proceed with the examination despite minor omissions
- It prevents unnecessary delays in the reexamination process
- It distinguishes between minor oversights and serious deficiencies that require more formal action
This concept is crucial in maintaining the efficiency and fairness of the patent reexamination process.
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