What is the “special dispatch” requirement for inter partes reexamination proceedings?
The “special dispatch” requirement for inter partes reexamination proceedings is a statutory mandate that these proceedings be conducted quickly. Key points include:
- It’s required by 35 U.S.C. 314(c).
- It applies to all aspects of the reexamination, including appeals.
- The Director can make exceptions for “good cause.”
- It’s a factor in decisions about suspending proceedings due to litigation.
The MPEP quotes the statute: Unless otherwise provided by the Director for good cause, all inter partes reexamination proceedings under this section, including any appeal to the Board of Patent Appeals and Interferences, shall be conducted with special dispatch within the Office.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2686.04 - Reexamination And Litigation Proceedings,
Patent Law,
Patent Procedure