What are the key components of an Office action cover sheet in inter partes reexamination?

In inter partes reexamination, the Office action cover sheet plays a crucial role in organizing and presenting information. According to MPEP 2671.01, the key components of an Office action cover sheet are:

  • Use of Form PTOL-2064 as the cover sheet
  • Date of the communication(s) to which the Office action is responsive
  • Response period given to the patent owner (typically two months)
  • Signature of a primary examiner (required for all correspondence on the merits)

The MPEP states: “Form PTOL-2064 should be used as the Office action cover sheet. Since the Office action is responsive to a patent owner response, and possibly the third party requester comments, the space on the PTOL-2064 for the date of the communication(s) to which the Office action is responsive to should be filled in. Generally, the patent owner is given two months to respond to the action, and thus “Two” should be inserted in the appropriate space.

This standardized format ensures consistency and clarity in inter partes reexamination communications.

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2671.01 - Examiner Issues Action On Merits That Does Not Close Prosecution, Patent Law, Patent Procedure
Tags: Form Ptol-2064, inter partes reexamination, Office Action Cover Sheet, patent examination, USPTO procedure