37 CFR § 1.933 — Patent owner duty of disclosure ininter partesreexamination proceedings. — MPEP Index – BlueIron IP

37 CFR § 1.933 Patent owner duty of disclosure ininter partesreexamination proceedings.

Source: Patent Rule (37 CFR)BlueIron Update:

This page consolidates MPEP guidance interpreting 37 CFR § 1.933, including 4 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

This section outlines the patent owner's responsibility to notify them of any non-entry of prior art or Section 301 written statements submitted during inter partes reexamination proceedings and ensures proper handling of such submissions.

What this section covers

  • Defines the submission and handling procedures for prior art or Section 301 written statements in inter partes reexamination proceedings.

Key obligations

  • Notify the patent owner of non-entry and ensure any inadvertently entered submissions are returned, discarded or closed.
  • Ensure timely communication with the patent owner regarding any non-entry submissions to avoid compliance issues.
  • Adhere to the specific procedures outlined in 37 CFR 1.933 for handling prior art submissions.

Practice notes

  • Document all communications with the patent owner to ensure compliance and avoid potential disputes.
  • Avoid failing to properly notify the patent owner of non-entry submissions, which can lead to procedural errors.

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22