37 CFR § 1.945 — Response to Office action by patent owner ininter partesreexamination. — MPEP Index – BlueIron IP
37 CFR § 1.945 Response to Office action by patent owner ininter partesreexamination.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 1.945, including 5 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 process for patent owners in responding to Office actions during inter partes reexamination, including addressing claims and objections raised by examiners.
What this section covers
- The section covers the response requirements for patent owners when facing Office actions during inter partes reexamination proceedings.
Key obligations
- Timely respond to Office actions by providing a detailed response addressing all claims and arguments raised.
- Ensure the response complies with 37 CFR 1.945, including addressing any comments by inter partes reexamination requesters.
Practice notes
- Carefully review the Office action for all claims and arguments to ensure a comprehensive response.
- Be mindful of deadlines for responses to avoid missing critical filing dates and jeopardizing your case.
Official MPEP § 1.945 — Response to Office action by patent owner ininter partesreexamination.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.945 Response to Office action by patent owner in inter partes reexamination.
- (a) The patent owner will be given at least thirty days to file a response to any Office action on the merits of the inter partes reexamination.
- (b) Any supplemental response to the Office action
will be entered only where the supplemental response is accompanied
by a showing of sufficient cause why the supplemental response
should be entered. The showing of sufficient cause must
include:
- (1) An explanation of how the requirements of § 1.111(a)(2)(i) are satisfied;
- (2) An explanation of why the supplemental response was not presented together with the original response to the Office action; and
- (3) A compelling reason to enter the supplemental response.
[Added, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001; revised, 72 FR 18892, Apr. 16, 2007, effective May 16, 2007]
- Examination Procedure
- Examiner Action
- Action Types
- Rce Practice