Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2200 – Citation Of Prior Art And Ex Parte Reexamination Of Patents (1)
The time limit for filing a petition after denial of reexamination is strictly defined. According to MPEP 2248:
“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.”
It’s important to note that this one-month period is strictly enforced. Any request for an extension of this time period “can only be entertained by filing a petition under 37 CFR 1.183 with appropriate fee to waive the time provisions of 37 CFR 1.515(c).” Missing this deadline without proper extension can result in the reexamination file being processed as concluded.
To learn more:
MPEP 2248 – Petition From Denial Of Request Filed Under 35 U.S.C. 302 (1)
The time limit for filing a petition after denial of reexamination is strictly defined. According to MPEP 2248:
“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.”
It’s important to note that this one-month period is strictly enforced. Any request for an extension of this time period “can only be entertained by filing a petition under 37 CFR 1.183 with appropriate fee to waive the time provisions of 37 CFR 1.515(c).” Missing this deadline without proper extension can result in the reexamination file being processed as concluded.
To learn more:
Patent Law (2)
What are the requirements for citing NPL documents in an IDS?
When citing Non-Patent Literature (NPL) documents in an Information Disclosure Statement (IDS), specific requirements must be met to ensure proper identification and consideration. According to MPEP 609.04(a):
“Each publication listed in an information disclosure statement must be identified by publisher, author (if any), title, relevant pages of the publication, date, and place of publication.”
The MPEP further clarifies:
- For publications obtained from the Internet, the uniform resource locator (URL) of the Web page that is the source of the publication must be provided for the place of publication (e.g., “www.uspto.gov”).
- The date of publication to be provided is the date the document was posted on the Internet. If no publication date is known, the applicant must specify in the IDS that no publication date is known.
Additionally:
- For NPL not in the English language, a concise explanation of the relevance is required unless a complete translation is provided.
- If citing a document that is only available as a scanned copy, include “(scanned copy)” after the document’s title in the citation.
Providing complete and accurate information for NPL citations helps examiners efficiently locate and consider these references during the examination process.
To learn more:
The time limit for filing a petition after denial of reexamination is strictly defined. According to MPEP 2248:
“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.”
It’s important to note that this one-month period is strictly enforced. Any request for an extension of this time period “can only be entertained by filing a petition under 37 CFR 1.183 with appropriate fee to waive the time provisions of 37 CFR 1.515(c).” Missing this deadline without proper extension can result in the reexamination file being processed as concluded.
To learn more:
Patent Procedure (2)
What are the requirements for citing NPL documents in an IDS?
When citing Non-Patent Literature (NPL) documents in an Information Disclosure Statement (IDS), specific requirements must be met to ensure proper identification and consideration. According to MPEP 609.04(a):
“Each publication listed in an information disclosure statement must be identified by publisher, author (if any), title, relevant pages of the publication, date, and place of publication.”
The MPEP further clarifies:
- For publications obtained from the Internet, the uniform resource locator (URL) of the Web page that is the source of the publication must be provided for the place of publication (e.g., “www.uspto.gov”).
- The date of publication to be provided is the date the document was posted on the Internet. If no publication date is known, the applicant must specify in the IDS that no publication date is known.
Additionally:
- For NPL not in the English language, a concise explanation of the relevance is required unless a complete translation is provided.
- If citing a document that is only available as a scanned copy, include “(scanned copy)” after the document’s title in the citation.
Providing complete and accurate information for NPL citations helps examiners efficiently locate and consider these references during the examination process.
To learn more:
The time limit for filing a petition after denial of reexamination is strictly defined. According to MPEP 2248:
“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.”
It’s important to note that this one-month period is strictly enforced. Any request for an extension of this time period “can only be entertained by filing a petition under 37 CFR 1.183 with appropriate fee to waive the time provisions of 37 CFR 1.515(c).” Missing this deadline without proper extension can result in the reexamination file being processed as concluded.
To learn more: