When can an ex parte reexamination be requested?
According to MPEP 2211, an ex parte reexamination can be requested “at any time during the period of enforceability of a patent“. This is established by 37 CFR 1.510(a). The period of enforceability is generally determined by adding 6 years to the patent’s expiration date, but may be extended in cases of pending litigation. To…
Read MoreWhen is an Ex Parte Reexamination Certificate issued?
An Ex Parte Reexamination Certificate is issued at the conclusion of an ex parte reexamination proceeding. According to MPEP 2288, the certificate is issued: “when the time for appeal has expired or any appeal proceeding has terminated” This means the certificate is issued after all opportunities for challenging the results of the reexamination have been…
Read MoreWhen can prior art or Section 301 written statements be filed for a patent?
Prior art or Section 301 written statements can be filed “at any time during the period of enforceability of a patent.” As stated in MPEP 2204: “Submissions may be filed ‘at any time’ under 35 U.S.C. 301. However, this period has been defined by rule (37 CFR 1.501(a)) to be ‘any time during the period…
Read MoreWhat is a reexamination certificate?
A reexamination certificate is a document issued by the USPTO after the completion of a patent reexamination process. It confirms the patentability of the original patent claims, cancels any unpatentable claims, or incorporates allowed amended or new claims. The distribution of this certificate is crucial, as outlined in MPEP 2292: “An e-copy of the reexamination…
Read MoreWhat is ex parte reexamination?
Ex parte reexamination is a procedure that allows any person to request a review of an issued patent at any time during its enforceability period. The process involves the United States Patent and Trademark Office (USPTO) examining the patent again to determine if there is a substantial new question of patentability. According to MPEP 2209,…
Read MoreWhat is an ex parte reexamination request?
An ex parte reexamination request is a formal petition filed with the U.S. Patent and Trademark Office (USPTO) to review the patentability of one or more claims in an existing patent. The request is based on prior art patents or printed publications and can be filed by any person during the period of enforceability of…
Read MoreWhat is an Ex Parte Reexamination Certificate?
An Ex Parte Reexamination Certificate is a document issued at the conclusion of an ex parte reexamination proceeding, except in specific cases of merger with reissue applications or inter partes reexamination proceedings. The MPEP states: An ex parte reexamination certificate is issued at the close of each ex parte reexamination proceeding in which reexamination has…
Read MoreWhat happens after reexamination is ordered under 35 U.S.C. 304?
After reexamination is ordered under 35 U.S.C. 304, the examiner will consider any submissions properly filed and served in accordance with 37 CFR 1.530 and 37 CFR 1.535 when preparing the first Office action. As stated in MPEP 2253: “Once reexamination is ordered under 35 U.S.C. 304, any submissions properly filed and served in accordance…
Read MoreWhat can be cited to the USPTO for placement into patent files?
According to MPEP 2202, two types of information can be cited to the USPTO for placement into patent files: Prior art in the form of patents or printed publications Written statements made by the patent owner concerning the scope of the claims The MPEP states: “Prior art in the form of patents or printed publications…
Read MoreWhat is the Waiver of Statement Program in ex parte reexamination?
The Waiver of Statement Program is an initiative to expedite ex parte reexamination proceedings. According to MPEP 2249, “If the patent owner waives the right to file a patent owner’s statement in response to a request from the Office, the examiner will be able to act on the first Office action on the merits immediately…
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