How does the USPTO handle correspondence with patent owners in ex parte reexamination proceedings?
The USPTO has specific guidelines for handling correspondence with patent owners during ex parte reexamination proceedings: Correspondence Address: The MPEP states, “Communications from the U.S. Patent and Trademark Office to the patent owner will be directed to the correspondence address for the patent being reexamined. See 37 CFR 1.33(c).” No Double Correspondence: “Double correspondence with…
Read MoreWhat mailing procedures can be used for ex parte reexamination correspondence?
The MPEP outlines two primary mailing procedures that can be used for most ex parte reexamination correspondence: Certificate of Mailing and Transmission (37 CFR 1.8): This procedure can be used for filing any paper in an ex parte reexamination proceeding, except for the initial request for reexamination and a corrected/replacement request. Priority Mail Express® Mailing…
Read MoreCan I submit an ex parte reexamination request by fax?
No, you cannot submit an ex parte reexamination request by fax. The MPEP clearly states: “A request for ex parte reexamination may not be sent by facsimile transmission (FAX). See 37 CFR 1.6(d)(5).” This prohibition also applies to corrected or completed requests sent in response to a notice of non-compliance. However, subsequent correspondence in ex…
Read MoreWho can sign amendments and papers on behalf of patent owners in ex parte reexamination proceedings?
In ex parte reexamination proceedings, the MPEP specifies who can sign amendments and other papers on behalf of patent owners: “Amendments and other papers filed on behalf of patent owners must be signed by the patent owners, or the registered attorney or agent of record in the patent file, or any registered attorney or agent…
Read MoreHow can I electronically file an ex parte reexamination request?
As of July 9, 2007, the USPTO began accepting ex parte reexamination requests and subsequent correspondence through its Web-based electronic filing system (EFS-Web). The MPEP states: “The Office has updated the Legal Framework for Patent Electronic System to set forth that requests for reexamination, and proper reexamination ‘follow-on’ papers (see MPEP § 2267) are permitted…
Read MoreHow should I address correspondence for ex parte reexamination requests?
For ex parte reexamination requests filed under 35 U.S.C. 302 and subsequent correspondence, the MPEP provides specific addressing instructions: For mail sent via U.S. Postal Service: Mail Stop “Ex Parte Reexam” Attn: Central Reexamination Unit Commissioner for Patents P.O. Box 1450 Alexandria, VA 22313-1450 For hand-carried or delivery service submissions: Customer Service Window Randolph Building…
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