MPEP § 2233 — Processing in Central Reexamination Unit and Technology Center (Annotated Rules)
§2233 Processing in Central Reexamination Unit and Technology Center
This page consolidates and annotates all enforceable requirements under MPEP § 2233, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Processing in Central Reexamination Unit and Technology Center
This section addresses Processing in Central Reexamination Unit and Technology Center. Primary authority: 35 U.S.C. 302, 35 U.S.C. 2285, and 37 CFR 1.20(c)(1). Contains: 2 requirements and 3 other statements.
Key Rules
Interviews in Reexamination
A transmittal form with the requester’s address will be used to forward copies of Office actions (and any references cited in the Office actions) to the requester. Whenever an Office action is issued, a copy of this form will be made and attached to a copy of the Office action. The use of this form removes the need to retype the requester’s address each time a mailing is required. When the patent owner is the requester, no such form is needed.
A transmittal form with the requester’s address will be used to forward copies of Office actions (and any references cited in the Office actions) to the requester. Whenever an Office action is issued, a copy of this form will be made and attached to a copy of the Office action. The use of this form removes the need to retype the requester’s address each time a mailing is required. When the patent owner is the requester, no such form is needed.
Reexamination Filing Fee
Under reexamination pursuant to 35 U.S.C. 302, there are fees for the request (37 CFR 1.20(c)(1) or (c)(2)), for addition of claims (excess claims fees under 37 CFR 1.20(c)(3) and (c)(4)), for an extension of time, and for any appeal, appeal forwarding fee, and oral hearing fees under 37 CFR 41.20(b). No fee is required for issue of the reexamination certificate.
Reexamination Certificate
Under reexamination pursuant to 35 U.S.C. 302, there are fees for the request (37 CFR 1.20(c)(1) or (c)(2)), for addition of claims (excess claims fees under 37 CFR 1.20(c)(3) and (c)(4)), for an extension of time, and for any appeal, appeal forwarding fee, and oral hearing fees under 37 CFR 41.20(b). No fee is required for issue of the reexamination certificate.
Ex Parte Reexamination
Any petitions relating to a reexamination proceeding require fees (37 CFR 1.17(m) and 1.20(c)(6)).
Merged Reexamination Proceedings
When a fee is required in a merged proceeding (see MPEP § 2283 and § 2285), only a single fee is needed even though multiple copies of the submissions (one for each file) are required.
Examination in Reexamination
A transmittal form with the requester’s address will be used to forward copies of Office actions (and any references cited in the Office actions) to the requester. Whenever an Office action is issued, a copy of this form will be made and attached to a copy of the Office action. The use of this form removes the need to retype the requester’s address each time a mailing is required. When the patent owner is the requester, no such form is needed.
Citations
| Primary topic | Citation |
|---|---|
| Merged Reexamination Proceedings | 35 U.S.C. § 2285 |
| Reexamination Certificate Reexamination Filing Fee | 35 U.S.C. § 302 |
| Ex Parte Reexamination | 37 CFR § 1.17(m) |
| Reexamination Certificate Reexamination Filing Fee | 37 CFR § 1.20(c)(1) |
| Reexamination Certificate Reexamination Filing Fee | 37 CFR § 1.20(c)(3) |
| Reexamination Certificate Reexamination Filing Fee | 37 CFR § 41.20(b) |
| Merged Reexamination Proceedings | MPEP § 2283 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2233 — Processing in Central Reexamination Unit and Technology Center
Source: USPTO2233 Processing in Central Reexamination Unit and Technology Center [R-10.2019]
The working groups in the Central Reexamination Unit (CRU) or Technology Centers (TCs) have designated the legal instrument examiners and paralegals to act as reexamination clerks, as part of their assigned duties, and thus to perform those clerical duties and responsibilities in the groups which are unique to reexamination. The TC Quality Assurance Specialists (QASs) or CRU Supervisory Patent Reexamination Specialists (SPRSs) and CRU Paralegal Specialists have the responsibility to oversee clerical processing and serve as a resource for questions.
I. FEESUnder reexamination pursuant to 35 U.S.C. 302, there are fees for the request (37 CFR 1.20(c)(1) or (c)(2)), for addition of claims (excess claims fees under 37 CFR 1.20(c)(3) and (c)(4)), for an extension of time, and for any appeal, appeal forwarding fee, and oral hearing fees under 37 CFR 41.20(b). No fee is required for issue of the reexamination certificate.
Any petitions relating to a reexamination proceeding require fees (37 CFR 1.17(m) and 1.20(c)(6)).
Micro entity reductions are available to patent owners only. Small entity and micro entity reductions are available to the patent owner for excess claim fees, appeal, appeal forwarding, and oral hearing fees. For the request and petition fees, small entity reductions are available to both third party requesters and patent owners; however, micro entity reductions are available only to patent owners.
When a fee is required in a merged proceeding (see MPEP § 2283 and § 2285), only a single fee is needed even though multiple copies of the submissions (one for each file) are required.
II. MAILINGA transmittal form with the requester’s address will be used to forward copies of Office actions (and any references cited in the Office actions) to the requester. Whenever an Office action is issued, a copy of this form will be made and attached to a copy of the Office action. The use of this form removes the need to retype the requester’s address each time a mailing is required. When the patent owner is the requester, no such form is needed.