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.
Official MPEP § 1.933 — Patent owner duty of disclosure ininter partesreexamination proceedings.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.933 Patent owner duty of disclosure in inter partes reexamination proceedings.
- (a) Each individual associated with the patent owner in an inter partes reexamination proceeding has a duty of candor and good faith in dealing with the Office, which includes a duty to disclose to the Office all information known to that individual to be material to patentability in a reexamination proceeding as set forth in § 1.555(a) and (b) . The duty to disclose all information known to be material to patentability in an inter partes reexamination proceeding is deemed to be satisfied by filing a paper in compliance with the requirements set forth in § 1.555(a) and (b) .
- (b) The responsibility for compliance with this section rests upon the individuals designated in paragraph (a) of this section, and no evaluation will be made by the Office in the reexamination proceeding as to compliance with this section. If questions of compliance with this section are raised by the patent owner or the third party requester during a reexamination proceeding, they will be noted as unresolved questions in accordance with § 1.906(c) .
[Added, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001]
- Ex Parte Reexamination
- Reexamination Conclusion
- Reexamination Request