What happens after an examiner prepares a decision in a reexamination proceeding?
After the examiner has prepared, proofread, and signed the final version of a decision in a reexamination proceeding, the following steps occur: The reexamination file and decision are forwarded to the Central Reexamination Unit (CRU) Legal Instrument Examiner (LIE). The CRU LIE coordinates the clerical processing carried out by the technical support staff. A copy…
Read MoreHow are citations in a reexamination proceeding made publicly available?
Citations in a reexamination proceeding are made publicly available through the following process: The citations are entered into the patent’s Image File Wrapper (IFW) They are classified in a separate area of the IFW This separate area is labeled “Citations by Third Parties under 37 CFR 1.501” As stated in MPEP 2206: “The citations are…
Read MoreWho receives copies of the reexamination certificate?
According to MPEP 2292, copies of the reexamination certificate are distributed to several entities: Depository libraries Foreign patent offices with exchange agreements with the USPTO The MPEP states: “A copy of the certificate will also be forwarded to all depository libraries and to those foreign offices which have an exchange agreement with the U.S. Patent…
Read MoreWhat happens if a reexamination certificate is about to issue during a new reexamination request?
If a reexamination certificate for a prior reexamination is about to issue when a new reexamination request is filed, the proceedings are typically not merged. According to MPEP 2295: “If the certificate for the first reexamination proceeding will issue before the decision on the second request must be decided, the reexamination certificate is allowed to…
Read MoreHow are reexamination certificates incorporated into patent copies?
Reexamination certificates are incorporated into patent copies prepared by the USPTO after the certificate’s issuance. This ensures that any subsequent copies of the patent include the updated information from the reexamination process. MPEP 2292 specifically states: “A copy of the certificate will also be made a part of any patent copies prepared by the Office…
Read MoreWhat are the search file implications of reexamination certificates?
Reexamination certificates have important implications for patent search files. The USPTO ensures that an electronic copy of the reexamination certificate is associated with the electronic copy of the patent in the search files. According to MPEP 2292: “An e-copy of the reexamination certificate will be associated with the e-copy of the patent in the search…
Read MoreHow is the reexamination certificate distributed?
The reexamination certificate is distributed in several ways: An e-copy is associated with the e-copy of the patent in the search files. It is included in any patent copies prepared by the USPTO after the certificate’s issuance. Copies are forwarded to all depository libraries. Copies are sent to foreign offices with exchange agreements with the…
Read MoreWhat are the format requirements for amendments in reexamination proceedings?
Amendments in reexamination proceedings must adhere to specific format requirements. MPEP 2221 states: “Any such amendment must be in accordance with 37 CFR 1.530(d) through (j). See MPEP ยง 2250 as to the format and requirements of an amendment in a reexamination proceeding.” To ensure compliance, patent owners should carefully review 37 CFR 1.530(d) through…
Read MoreWhat are the rules for recording interviews in ex parte reexamination proceedings?
In ex parte reexamination proceedings, interviews must be recorded and made of record in the reexamination file. The MPEP states: “All interviews in ex parte reexamination proceedings must be made of record in the reexamination file. The examiner should therefore prepare, sign, and date a memorandum for the record after each interview, stating in detail…
Read MoreWhat is the time limit for requesting reconsideration of a decision on a petition to revive a reexamination proceeding?
The time limit for requesting reconsideration of a decision on a petition to revive a reexamination proceeding is two months from the mail date of the decision. The MPEP states: “Reconsideration may be requested of a decision dismissing or denying a petition under 37 CFR 1.137 to revive a terminated reexamination prosecution. The request for…
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