What is the timeframe for notifying the USPTO of concurrent proceedings in reexamination?
The timeframe for notifying the USPTO of concurrent proceedings during reexamination is specified in 37 CFR 1.985. According to MPEP 2282:
“37 CFR 1.985 requires a patent owner to notify the Office of any prior or concurrent proceedings in which the patent is or was involved.”
While the specific timeframe is not mentioned in MPEP 2282, it’s important to note that this notification should be done promptly. The patent owner should inform the USPTO as soon as they become aware of any such proceedings to ensure that the reexamination takes into account all relevant information and to avoid potential issues with the reexamination certificate.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2282 - Notification Of Existence Of Prior Or Concurrent Proceedings And Decisions Thereon,
Patent Law,
Patent Procedure