35 U.S.C. § 311 — (note) (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 311 (note)
This page consolidates MPEP guidance interpreting 35 U.S.C. § 311, including 21 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
The prohibition on third-party submissions in post-issuance proceedings, including reexamination and reissue applications, is defined by specific statutory provisions (35 U.S.C. 302 and 35 U.S.C. 311) and further clarified by MPEP § 1441.01.
What this section covers
- This section covers the prohibition on third-party submissions in post-issuance proceedings, including reexamination and reissue applications.
Key obligations
- Practitioners must ensure no third-party submissions are made in post-issuance proceedings, including reexamination and reissue applications.
- Practitioners must be aware of the specific statutory provisions (35 U.S.C. 302 and 35 U.S.C. 311) governing this prohibition.
- Practitioners must comply with the authority provided by MPEP § 1441.01, which further clarifies this prohibition.
Practice notes
- Review the specific rules and regulations (35 U.S.C. 302, 35 U.S.C. 311) before filing any submissions in post-issuance proceedings.
- Avoid making third-party filings, as such actions can result in the invalidation of their submissions and potential sanctions.
Official MPEP § 311 — (note)
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 311 (note) Inter partes review applicability provisions.
The post-grant review provisions of the Leahy-Smith America Invents Act (AIA) apply only to proceedings commenced on or after Sept. 16, 2012, except that— (1) the extension of jurisdiction to the United States Court of Appeals for the Federal Circuit to entertain appeals of decisions of the Patent Trial and Appeal Board in reexaminations under the amendment made by subsection (c)(2) of the AIA shall be deemed to take effect on Sept. 16, 2011 and shall extend to any decision of the Board of Patent Appeals and Interferences with respect to a reexamination that is entered before, on, or after Sept. 16, 2011;
(2) the provisions of 35 U.S.C. 6 (pre‑AIA) , 134 (pre‑AIA) , and 141 (pre‑AIA) as in effect on Sept. 15, 2012 shall continue to apply to inter partes reexaminations that are requested under 35 U.S.C. 311 (pre‑AIA) before Sept. 16, 2012;
(3) the Patent Trial and Appeal Board may be deemed to be the Board of Patent Appeals and Interferences for purposes of appeals of inter partes reexaminations that are requested under 35 U.S.C. 311 (pre‑AIA) before Sept. 16, 2012; and
(4) the Director’s right under the fourth sentence of 35 U.S.C. 143, to intervene in an appeal from a decision entered by the Patent Trial and Appeal Board shall be deemed to extend to inter partes reexaminations that are requested under 35 U.S.C. 311 before Sept. 16, 2012.
(Sept. 16, 2011, Public Law 112-29, sec. 7(e) (effective Sept. 16, 2012), 125 Stat. 284.)
- Aia Practice
- Aia Overview
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- Post Grant Proceedings
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- Protest
- Protest Content
- Ptab Contested Case
- Reissue
- Reissue Concurrent Proceedings
| MPEP Section | Rules |
|---|---|
| MPEP § 1134.01 | |
| MPEP § 1204 | |
| MPEP § 1216 | |
| MPEP § 1305 | |
| MPEP § 1825 | |
| MPEP § 2201 | |
| MPEP § 2601 |