What information must be included in a Certificate of Service for patent reexamination?
A Certificate of Service for patent reexamination must include specific information to be valid. According to MPEP 2220: The name and address of the party served (i.e., the patent owner) The method of service used The MPEP states: “The third party requester must set forth on the certificate of service the name and address of…
Read MoreWhat documents are required when submitting a request for reexamination of a patent?
When submitting a request for reexamination of a patent, the following documents are required: A copy of the printed patent in double column format, including the front page Any disclaimer, certificate of correction, or reexamination certificate issued for the patent Any relevant federal court decision, complaint in a pending civil action, or interference or derivation…
Read MoreWho can represent a requester in an ex parte reexamination?
A requester in an ex parte reexamination can be represented by an attorney or agent who must be a registered patent practitioner. According to MPEP 2213, “an attorney or agent representing a requester must be a registered patent practitioner.” The representative can act under either: A power of attorney from the client (requester) In a…
Read MoreWhat is the process for requesting an oral hearing in a patent reexamination appeal?
To request an oral hearing in a patent reexamination appeal, the appellant (patent owner) must: File a written request for the hearing Pay the fee set forth in 37 CFR 41.20(b)(3) Submit the request within two months after the date of the examiner’s answer or supplemental examiner’s answer As stated in MPEP 2276, “The time…
Read MoreHow can an appellant request a closed oral hearing in a patent reexamination appeal?
To request a closed oral hearing in a patent reexamination appeal, the appellant must follow a specific process outlined in MPEP 2276: File a petition under 37 CFR 41.3 requesting that the hearing not be open to the public Present sufficient reasons to justify the closed hearing Pay the petition fee set forth in 37…
Read MoreWhat information must an attorney or agent provide to act in a representative capacity?
To act in a representative capacity under 37 CFR 1.34 during an ex parte reexamination, an attorney or agent must provide specific information. According to MPEP 2213: “In order to act in a representative capacity under 37 CFR 1.34, an attorney or agent must set forth his or her registration number, his or her name,…
Read MoreHow are major events in reexamination proceedings reported to OPSG?
Major events in reexamination proceedings are reported to the One Patent Service Gateway (OPSG) system to monitor the progress of these cases. MPEP 2235 states: “The OPSG system is used to monitor major events that take place in processing reexamination proceedings. During initial processing all major pre-ex parte examination events are reported. During the ex…
Read MoreWhat happens if a reissue patent is granted during a pending reexamination proceeding?
When a reissue patent is granted during a pending reexamination proceeding, the reexamination will be based on the claims of the reissue patent. The MPEP states: If a reissue patent issues on the patent under reexamination after reexamination is ordered, the next action from the examiner in the reexamination should point out that further proceedings…
Read MoreHow does a reissue patent affect the Ex Parte Reexamination Certificate?
In certain situations, the grant of a reissue patent can replace the need for an Ex Parte Reexamination Certificate. According to MPEP 2288: “If the ex parte reexamination proceeding is terminated by the grant of a reissued patent as provided in § 1.565(d), the reissued patent will constitute the ex parte reexamination certificate required by…
Read MoreWhat regulations guide the examiner’s consideration of submissions in reexamination?
In reexamination proceedings, examiners are guided by specific regulations when considering various submissions. MPEP 2253 outlines these regulations: For proposed amendments: “With respect to consideration of any proposed amendments to the specification, including claims, made by the patent owner, the examiner will be guided by the provisions of 37 CFR 1.530(d)-(j).“ For the patent owner’s…
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