What happens if the Deputy Commissioner refuses to issue a reexamination order?
If the Deputy Commissioner for Patents decides not to issue a reexamination order after considering a potential case, the matter is handled discreetly. According to MPEP 2239: “If the Deputy Commissioner for Patents who oversees the Office of Petitions refuses to issue an order for reexamination, no record of any consideration of the matter will…
Read MoreWho has the final authority in resolving conflicts during reexamination transfers?
In cases where conflicts arise during the transfer of reexamination proceedings, the MPEP outlines a clear chain of authority. According to MPEP 2237: Any conflict which cannot be resolved by the SPRSs will be resolved by the CRU Director. This means that while the Supervisory Patent Reexamination Specialists (SPRSs) of the involved art units are…
Read MoreCan a reexamination request be transferred after substantive examination has begun?
No, a reexamination request cannot be transferred to a different Technology Center (TC) after substantive examination has begun. MPEP 2237 clearly states: “However, in no case should a reexamination proceeding be transferred to another TC after the mailing of the order to reexamine, except where a TC Director believes that a transfer is in the…
Read MoreWhat happens if a patent owner fails to respond timely to an Office action in reexamination?
If a patent owner fails to file a timely and appropriate response to an Office action in a reexamination proceeding, the consequences can be severe. According to the MPEP: “If the patent owner fails to file a timely and appropriate response to any Office action, the prosecution of the reexamination proceeding will be terminated, unless…
Read MoreWhat types of status reports are available for reexamination proceedings?
Various status reports are available for reexamination proceedings to ensure they are processed with “special dispatch.” According to MPEP 2235: “Various reports can be generated for the event reporting discussed above. The primary purpose of these reports is to assure that reexaminations are, in fact, processed with “special dispatch.”“ Some examples of available reports include:…
Read MoreWhat happens if a reexamination request is submitted to the wrong Technology Center?
If a reexamination request is submitted to the wrong Technology Center (TC), the following procedure applies: The TC Director will return the request papers to the Office of Patent Legal Administration (OPLA). OPLA will forward the request papers to the appropriate TC. The appropriate TC will process the request papers. This procedure is outlined in…
Read MoreWhat is the process for transferring a reexamination request to a different art unit?
The transfer process for a reexamination request involves several steps: The CRU Supervisory Patent Reexamination Specialist (SPRS) of the initially assigned art unit must believe a transfer is necessary. The SPRS must obtain consent from the SPRS of the desired art unit. Any conflicts are resolved by the CRU Director. As stated in the MPEP:…
Read MoreWhat is the time limit for deciding on a reexamination request under 35 U.S.C. 302?
According to MPEP 2241, the determination of whether or not to reexamine must be made within 3 months following the filing date of a request. This is based on 35 U.S.C. 303(a) and 37 CFR 1.515(a). The MPEP states: “The determination of whether or not to reexamine must be made within 3 months following the…
Read MoreWhat happens after a reexamination request is accepted by a new art unit?
When a reexamination request is accepted by a new art unit, the MPEP outlines the next steps in the process. As stated in MPEP 2237: If the “new” art unit accepts assignment of the reexamination request, the “new” CRU SPRS assigns the request to an examiner in that unit. This means that once the transfer…
Read MoreHow are reexamination requests initially assigned?
Reexamination requests are typically assigned to a Central Reexamination Unit (CRU) art unit that examines the technology in which the patent to be reexamined is currently classified. As stated in the MPEP: A reexamination request is normally assigned to a Central Reexamination Unit (CRU) art unit which examines the technology (Chemical, Electrical, Mechanical, etc.) in…
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