Question 1

Can the page limit for a respondent brief be waived in inter partes reexamination?

Accepted Answer

The MPEP 2675.01 addresses the possibility of waiving the page limit for respondent briefs in inter partes reexamination:

"A request for waiver of the page limit for a respondent brief will be decided by a Board member and may be granted when a party can show good cause."

This means that while there is a standard page limit for respondent briefs, it is possible to request a waiver under certain circumstances. To do so:

The party must demonstrate good cause for exceeding the page limit
The request will be reviewed and decided by a Board member
Approval is not guaranteed and depends on the merits of the request

Parties should carefully consider whether their case truly requires additional pages before requesting a waiver, as concise arguments are generally preferred.

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Question 2

How can I petition to expunge papers from a patent application?

Accepted Answer

To petition for expungement of papers from a patent application, you need to follow the procedure outlined in 37 CFR 1.59. The MPEP states:

"Petitions to expunge papers from patent applications or patent files under 37 CFR 1.59 which were submitted under MPEP § 724.02 or as part of an information disclosure statement."

Key points to remember:

The petition must show that the expungement is appropriate
Information submitted as part of an Information Disclosure Statement can be petitioned for expungement
The Technology Center Director has the authority to decide these petitions
Expungement is not guaranteed and depends on the specific circumstances

It's important to note that once a patent application is published or a patent issues, it becomes part of the public record, making expungement more difficult.

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Question 3

Can affidavits or other evidence be submitted after filing an appeal brief?

Accepted Answer

Yes, affidavits or other evidence can be submitted after filing an appeal brief, but their entry is not guaranteed. According to MPEP 1206:

"Affidavits or other evidence filed after the date the appeal brief is filed will not be entered as a matter of right."

The treatment of such evidence is governed by 37 CFR 41.33 and MPEP § 1207.03. The examiner may use their discretion to enter the evidence if it:

Overcomes at least one rejection
Shows good and sufficient reasons why it was not earlier presented

If the evidence is entered, the examiner must issue a supplemental examiner's answer addressing any new issues raised by the entered evidence. The applicant would then have an opportunity to file a reply brief.

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affidavits
evidence
appeal brief
examiner discretion
supplemental examiner's answer

Question 4

Are extensions of time available for responding to PTAB requests for additional briefing?

Accepted Answer

Extensions of time for responding to Patent Trial and Appeal Board (PTAB) requests for additional briefing are limited. According to MPEP 1212:

"Extensions of time are only available under 37 CFR 1.136(b)."

This means that extensions are not automatically granted and are subject to stricter requirements than standard extensions. Under 37 CFR 1.136(b), extensions may be granted for "sufficient cause" and must be filed on or before the due date for the response. These extensions are granted at the discretion of the PTAB and are not guaranteed.

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Question 5

Can I revive an abandoned patent application?

Accepted Answer

Can I revive an abandoned patent application?

Yes, it is possible to revive an abandoned patent application under certain circumstances. The MPEP 711 states:

'An abandoned application may be revived as a pending application if it is shown to the satisfaction of the Director that the delay was unavoidable (37 CFR 1.137(a)) or unintentional (37 CFR 1.137(b)).'

The process for revival depends on the reason for abandonment:

Unavoidable delay: You must file a petition under 37 CFR 1.137(a) and provide evidence that the delay was unavoidable.
Unintentional delay: File a petition under 37 CFR 1.137(b) and pay the required fees.

It's important to note that revival is not guaranteed and is subject to USPTO review. Consult with a patent attorney for guidance on your specific situation.

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