What is the process for denying a request for reexamination?
When a request for reexamination is denied, the following process is followed:
- The examiner prepares a decision denying the reexamination request if no substantial new question of patentability is found.
- Form paragraph 22.02 is used as the introductory paragraph in the decision.
- The examiner responds to each argument based on patents or printed publications.
- A panel review conference is conducted to discuss the decision.
- After the conference, the examiner completes and signs the decision, with conferees initialing it.
- The decision is processed for mailing by the Central Reexamination Unit (CRU).
As stated in the MPEP: “If the examiner’s position is to deny reexamination, the examiner will prepare for and set up a panel review conference as per MPEP § 2271.01, to discuss the issuance of a decision denying reexamination.”
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2247 - Decision Under 35 U.S.C. 303 On Request For Reexamination Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure,
Request Denied