37 CFR § 1.931 — Order forinter partesreexamination. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.931 Order forinter partesreexamination.
This page consolidates MPEP guidance interpreting 37 CFR § 1.931, including 10 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 Order for inter partes reexamination provides procedural mechanisms for managing concurrent patent proceedings when a reissue application and a reexamination are simultaneously pending on the same patent.
What this section covers
- Outline the procedural guidelines for managing concurrent patent examination proceedings.
- Describe the interaction between reissue applications and ex parte reexamination proceedings.
Key obligations
- Ensure proper handling and coordination when multiple patent proceedings are active simultaneously.
- Follow specific procedural requirements when a reissue application and reexamination are pending.
Practice notes
- Carefully track and manage concurrent patent proceedings to avoid procedural complications.
- Understand the potential implications of simultaneous reissue and reexamination processes.
Official MPEP § 1.931 — Order forinter partesreexamination.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.931 Order for inter partes reexamination.
- (a) If it is found that there is a reasonable likelihood that the requester will prevail with respect to at least one of the claims challenged in the request, the determination will include an order for inter partes reexamination of the patent for resolution of the question of whether the requester will prevail.
- (b) If the order for inter partes reexamination resulted from a petition pursuant to § 1.927 , the inter partes reexamination will ordinarily be conducted by an examiner other than the examiner responsible for the initial determination under § 1.923 .
[Added, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001; para. (a) revised, 76 FR 59055, Sept. 23, 2011, effective Sept. 23, 2011]
- Ex Parte Reexamination
- Reexamination Conclusion
- Reexamination Request
- Reissue
- Reissue Application
- Reissue Concurrent Proceedings
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| MPEP Section | Rules |
|---|---|
| MPEP § 1449.01 | |
| MPEP § 2202 |