MPEP § 2235 — Record Systems (Annotated Rules)
§2235 Record Systems
This page consolidates and annotates all enforceable requirements under MPEP § 2235, 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.
Record Systems
This section addresses Record Systems. Contains: 15 guidance statements and 1 permission.
Key Rules
Ex Parte Reexamination
The One Patent Service Gateway (OPSG) system is used to support the reexamination process. The sections below delineate OPSG related activities. (A) Reexamination File Data on OPSG — The routine OPSG retrieval transactions are used to obtain data on reexamination files. From the USPTO intranet site, Office staff can click on “Patent Data Portal” and then “General Information” which opens the General Information display. From here, select "search by" patent number and enter the patent number in the box. Then click on “Search” and when the “Patent Number Information” appears, click on “Continuity Data” to obtain the reexamination number.
The One Patent Service Gateway (OPSG) system is used to support the reexamination process. The sections below delineate OPSG related activities. (A) Reexamination File Data on OPSG — The routine OPSG retrieval transactions are used to obtain data on reexamination files. From the USPTO intranet site, Office staff can click on “Patent Data Portal” and then “General Information” which opens the General Information display. From here, select "search by" patent number and enter the patent number in the box. Then click on “Search” and when the “Patent Number Information” appears, click on “Continuity Data” to obtain the reexamination number.
The One Patent Service Gateway (OPSG) system is used to support the reexamination process. The sections below delineate OPSG related activities. (A) Reexamination File Data on OPSG — The routine OPSG retrieval transactions are used to obtain data on reexamination files. From the USPTO intranet site, Office staff can click on “Patent Data Portal” and then “General Information” which opens the General Information display. From here, select "search by" patent number and enter the patent number in the box. Then click on “Search” and when the “Patent Number Information” appears, click on “Continuity Data” to obtain the reexamination number.
The One Patent Service Gateway (OPSG) system is used to support the reexamination process. The sections below delineate OPSG related activities. (A) Reexamination File Data on OPSG — The routine OPSG retrieval transactions are used to obtain data on reexamination files. From the USPTO intranet site, Office staff can click on “Patent Data Portal” and then “General Information” which opens the General Information display. From here, select "search by" patent number and enter the patent number in the box. Then click on “Search” and when the “Patent Number Information” appears, click on “Continuity Data” to obtain the reexamination number.
The One Patent Service Gateway (OPSG) system is used to support the reexamination process. The sections below delineate OPSG related activities.
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(B) Reexamination e-File —
The One Patent Service Gateway (OPSG) system is used to support the reexamination process. The sections below delineate OPSG related activities.
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The papers of a reexamination proceeding may be viewed on IFW.
The One Patent Service Gateway (OPSG) system is used to support the reexamination process. The sections below delineate OPSG related activities.
…
Patent Data Portal provides information for the reexamination proceeding as to the patent owner and requester, contents, status, and related Office proceedings (applications, patents and reexamination proceedings).
The One Patent Service Gateway (OPSG) system is used to support the reexamination process. The sections below delineate OPSG related activities.
…
Some of the data entry for reexamination is different from that of a regular patent application.
The One Patent Service Gateway (OPSG) system is used to support the reexamination process. The sections below delineate OPSG related activities.
…
There are also differences in the status codes – all reexamination proceedings generally have status codes in the “400” range (there are some in the “800” range for some inter partes documents and actions).
Central Reexamination Unit Processing
The One Patent Service Gateway (OPSG) system is used to support the reexamination process. The sections below delineate OPSG related activities.
(D) Reporting Events to OPSG — The OPSG system is used to monitor major events that take place in processing reexamination proceedings. During initial processing all major pre- ex parte examination events are reported. During the ex parte phase, the mailing of examiner’s actions is reported as well as owner’s responses thereto. The Central Reexamination Unit is responsible for reporting these events to the Office monitoring systems. Examples of the events that may be reported are as follows: Each of these events, as well as additional events reported by the Central Reexamination Unit (CRU) Technical Support Staff (TSS) will be permanently recorded and displayed in the “Contents” portion of the application records. In addition, status representative of these events will also be displayed.
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(4) Decision on petition mailed — Denied.
The One Patent Service Gateway (OPSG) system is used to support the reexamination process. The sections below delineate OPSG related activities.
(D) Reporting Events to OPSG — The OPSG system is used to monitor major events that take place in processing reexamination proceedings. During initial processing all major pre- ex parte examination events are reported. During the ex parte phase, the mailing of examiner’s actions is reported as well as owner’s responses thereto. The Central Reexamination Unit is responsible for reporting these events to the Office monitoring systems. Examples of the events that may be reported are as follows: Each of these events, as well as additional events reported by the Central Reexamination Unit (CRU) Technical Support Staff (TSS) will be permanently recorded and displayed in the “Contents” portion of the application records. In addition, status representative of these events will also be displayed.
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(5) Decision on petition mailed — Granted.
(D) Reporting Events to OPSG — The OPSG system is used to monitor major events that take place in processing reexamination proceedings. During initial processing all major pre- ex parte examination events are reported. During the ex parte phase, the mailing of examiner’s actions is reported as well as owner’s responses thereto. The Central Reexamination Unit is responsible for reporting these events to the Office monitoring systems. Examples of the events that may be reported are as follows: Each of these events, as well as additional events reported by the Central Reexamination Unit (CRU) Technical Support Staff (TSS) will be permanently recorded and displayed in the “Contents” portion of the application records. In addition, status representative of these events will also be displayed.
- (1) Determination Mailed — Denial of request for reexamination.
- (2) Determination Mailed — Grant of request for reexamination.
- (3) Petition for reconsideration of determination received.
- (4) Decision on petition mailed — Denied.
- (5) Decision on petition mailed — Granted.
- (6) Owner response to determination (owner’s statement) received.
- (7) Requester response to determination (requester’s reply) received.
- (8) The mailing of all examiner actions.
- (9) The receipt of owner’s responses to examiner’s actions and Office receipt date.
The One Patent Service Gateway (OPSG) system is used to support the reexamination process. The sections below delineate OPSG related activities.
(E) Status Reports — Various reports can be generated for the event reporting discussed above. The primary purpose of these reports is to assure that reexaminations are, in fact, processed with “special dispatch.” Reports — A number of automated reports generated from the OPSG system are available on demand for the CRU and other appropriate TCs. These reports serve to indicate to the CRU and other appropriate TCs when certain deadlines are approaching. The following are exemplary data available for review (1) requests which have not been assigned to an examiner by the sixth week since their filing.
Access to Application Files
The One Patent Service Gateway (OPSG) system is used to support the reexamination process. The sections below delineate OPSG related activities.
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(C) Patent File Location Control for Patents Not Available on IFW, i.e., Available Only in Paper File —
The One Patent Service Gateway (OPSG) system is used to support the reexamination process. The sections below delineate OPSG related activities.
…
The movement of paper patent files related to requests for reexamination throughout the Office is monitored by the File Ordering System (FOS).
The One Patent Service Gateway (OPSG) system is used to support the reexamination process. The sections below delineate OPSG related activities.
…
If the patent file is in paper form, the paper file should be ordered and scanned into the Image File Wrapper (IFW) for access throughout the prosecution of the reexamination proceeding.
Certificate of Service
The One Patent Service Gateway (OPSG) system is used to support the reexamination process. The sections below delineate OPSG related activities.
- (A) Reexamination File Data on OPSG — The routine OPSG retrieval transactions are used to obtain data on reexamination files. From the USPTO intranet site, Office staff can click on “Patent Data Portal” and then “General Information” which opens the General Information display. From here, select "search by" patent number and enter the patent number in the box. Then click on “Search” and when the “Patent Number Information” appears, click on “Continuity Data” to obtain the reexamination number.
- (B) Reexamination e-File — The papers of a reexamination proceeding may be viewed on IFW. Patent Data Portal provides information for the reexamination proceeding as to the patent owner and requester, contents, status, and related Office proceedings (applications, patents and reexamination proceedings). Some of the data entry for reexamination is different from that of a regular patent application. There are also differences in the status codes – all reexamination proceedings generally have status codes in the “400” range (there are some in the “800” range for some inter partes documents and actions).
- (C) Patent File Location Control for Patents Not Available on IFW, i.e., Available Only in Paper File — The movement of paper patent files related to requests for reexamination throughout the Office is monitored by the File Ordering System (FOS). If the patent file is in paper form, the paper file should be ordered and scanned into the Image File Wrapper (IFW) for access throughout the prosecution of the reexamination proceeding.
- (D) Reporting Events to OPSG — The OPSG system is used to monitor major events that take place in processing reexamination proceedings. During initial processing all major pre- ex parte examination events are reported. During the ex parte phase, the mailing of examiner’s actions is reported as well as owner’s responses thereto. The Central Reexamination Unit is responsible for reporting these events to the Office monitoring systems. Examples of the events that may be reported are as follows: Each of these events, as well as additional events reported by the Central Reexamination Unit (CRU) Technical Support Staff (TSS) will be permanently recorded and displayed in the “Contents” portion of the application records. In addition, status representative of these events will also be displayed.
- (1) Determination Mailed — Denial of request for reexamination.
- (2) Determination Mailed — Grant of request for reexamination.
- (3) Petition for reconsideration of determination received.
- (4) Decision on petition mailed — Denied.
- (5) Decision on petition mailed — Granted.
- (6) Owner response to determination (owner’s statement) received.
- (7) Requester response to determination (requester’s reply) received.
- (8) The mailing of all examiner actions.
- (9) The receipt of owner’s responses to examiner’s actions and Office receipt date.
- (E) Status Reports — Various reports can be generated for the event reporting discussed above. The primary purpose of these reports is to assure that reexaminations are, in fact, processed with “special dispatch.” Reports — A number of automated reports generated from the OPSG system are available on demand for the CRU and other appropriate TCs. These reports serve to indicate to the CRU and other appropriate TCs when certain deadlines are approaching. The following are exemplary data available for review:
- (1) requests which have not been assigned to an examiner by the sixth week since their filing.
- (2) list of proceedings awaiting first action after the mailing of the order granting reexamination including ex parte reexaminations, reexaminations ordered under 35 U.S.C. 257, and inter partes reexaminations.
- (3) list of reexamination proceedings located in the Central Reexamination Unit (CRU) with action type and date.
- (4) list of the proceedings that have been forwarded to the Patent Trial and Appeal Board (PTAB).
Examiner Action Status Tracking
The One Patent Service Gateway (OPSG) system is used to support the reexamination process. The sections below delineate OPSG related activities. (A) Reexamination File Data on OPSG — The routine OPSG retrieval transactions are used to obtain data on reexamination files. From the USPTO intranet site, Office staff can click on “Patent Data Portal” and then “General Information” which opens the General Information display. From here, select "search by" patent number and enter the patent number in the box. Then click on “Search” and when the “Patent Number Information” appears, click on “Continuity Data” to obtain the reexamination number.
Citations
| Primary topic | Citation |
|---|---|
| Certificate of Service | 35 U.S.C. § 257 |
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 § 2235 — Record Systems
Source: USPTO2235 Record Systems [R-07.2022]
One Patent Service Gateway (OPSG)— MONITORING SYSTEMSThe One Patent Service Gateway (OPSG) system is used to support the reexamination process. The sections below delineate OPSG related activities.
- (A) Reexamination File Data on OPSG — The routine OPSG retrieval transactions are used to obtain data on reexamination files. From the USPTO intranet site, Office staff can click on “Patent Data Portal” and then “General Information” which opens the General Information display. From here, select “search by” patent number and enter the patent number in the box. Then click on “Search” and when the “Patent Number Information” appears, click on “Continuity Data” to obtain the reexamination number.
- (B) Reexamination e-File — The papers of a reexamination proceeding may be viewed on IFW. Patent Data Portal provides information for the reexamination proceeding as to the patent owner and requester, contents, status, and related Office proceedings (applications, patents and reexamination proceedings). Some of the data entry for reexamination is different from that of a regular patent application. There are also differences in the status codes – all reexamination proceedings generally have status codes in the “400” range (there are some in the “800” range for some inter partes documents and actions).
- (C) Patent File Location Control for Patents Not Available on IFW, i.e., Available Only in Paper File — The movement of paper patent files related to requests for reexamination throughout the Office is monitored by the File Ordering System (FOS). If the patent file is in paper form, the paper file should be ordered and scanned into the Image File Wrapper (IFW) for access throughout the prosecution of the reexamination proceeding.
- (D) Reporting Events to OPSG — The OPSG system is used to monitor
major events that take place in processing reexamination proceedings. During
initial processing all major pre-ex parte examination events
are reported. During the ex parte phase, the mailing of
examiner’s actions is reported as well as owner’s responses thereto. The Central
Reexamination Unit is responsible for reporting these events to the Office
monitoring systems. Examples of the events that may be reported are as
follows:
- (1) Determination Mailed — Denial of request for reexamination.
- (2) Determination Mailed — Grant of request for reexamination.
- (3) Petition for reconsideration of determination received.
- (4) Decision on petition mailed — Denied.
- (5) Decision on petition mailed — Granted.
- (6) Owner response to determination (owner’s statement) received.
- (7) Requester response to determination (requester’s reply) received.
- (8) The mailing of all examiner actions.
- (9) The receipt of owner’s responses to examiner’s actions and Office receipt date.
Each of these events, as well as additional events reported by the Central Reexamination Unit (CRU) Technical Support Staff (TSS) will be permanently recorded and displayed in the “Contents” portion of the application records. In addition, status representative of these events will also be displayed.
- (E) Status Reports — Various reports can be generated for the event
reporting discussed above. The primary purpose of these reports is to assure that
reexaminations are, in fact, processed with “special dispatch.”
Reports — A number of automated reports generated from the OPSG system are available on demand for the CRU and other appropriate TCs. These reports serve to indicate to the CRU and other appropriate TCs when certain deadlines are approaching. The following are exemplary data available for review:
- (1) requests which have not been assigned to an examiner by the sixth week since their filing.
- (2) list of proceedings awaiting first action after the mailing of the order granting reexamination including ex parte reexaminations, reexaminations ordered under 35 U.S.C. 257, and inter partes reexaminations.
- (3) list of reexamination proceedings located in the Central Reexamination Unit (CRU) with action type and date.
- (4) list of the proceedings that have been forwarded to the Patent Trial and Appeal Board (PTAB).