37 CFR § 1.515 — Determination of the request forex (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.515 Determination of the request forex
This page consolidates MPEP guidance interpreting 37 CFR § 1.515, including 143 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 Determination of the request forex is a procedural review by the Central Reexamination Unit (CRU) to assess the merits and completeness of a patent reexamination request under 35 U.S.C. 302.
What this section covers
- Initial procedural steps for reviewing a reexamination request under patent office regulations.
- Role of the Technical Support Staff (TSS) in conducting a comprehensive litigation search before making a determination.
Key obligations
- Ensure the reexamination request meets all statutory and procedural requirements before formal review.
- Verify the substantive basis for requesting reexamination of an existing patent.
- Confirm the legal standing and eligibility of the party filing the reexamination request.
Conditions and exceptions
- Identify potential scenarios where a reexamination request might be rejected or require additional information.
Practice notes
- Recommend thorough documentation and precise articulation of grounds for reexamination.
- Advise practitioners to anticipate potential challenges in the reexamination request review process.
Official MPEP § 1.515 — Determination of the request forex
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.515 Determination of the request for ex parte reexamination.
- (a) Within three months following the filing date of a request for an ex parte reexamination, an examiner will consider the request and determine whether or not a substantial new question of patentability affecting any claim of the patent is raised by the request and the prior art cited therein, with or without consideration of other patents or printed publications. A statement and any accompanying information submitted pursuant to § 1.501(a)(2) will not be considered by the examiner when making a determination on the request. The examiner’s determination will be based on the claims in effect at the time of the determination, will become a part of the official file of the patent, and will be given or mailed to the patent owner at the address provided for in § 1.33(c) and to the person requesting reexamination.
- (b) Where no substantial new question of patentability has been found, a refund of a portion of the fee for requesting ex parte reexamination will be made to the requester in accordance with § 1.26(c) .
- (c) The requester may seek review by a petition to the Director under § 1.181 within one month of the mailing date of the examiner’s determination refusing ex parte reexamination. Any such petition must comply with § 1.181(b) . If no petition is timely filed or if the decision on petition affirms that no substantial new question of patentability has been raised, the determination shall be final and nonappealable.
[46 FR 29185, May 29, 1981, effective July 1, 1981; revised, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001; para. (c) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; para. (a) revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012]
- Allowance Quality Review
- Correspondence Address
- Director Authority
- Petition Procedures
-
- Reexamination Amendments
-
-
-
-
-
-
- Examination Procedure
- Examiner Action
- Action Types
- Maintenance Fee Late
- Patent Reinstatement
- Ptab Contested Case
- Reissue
- Reissue Concurrent Proceedings
-