Is there a time limit for requesting reexamination of a patent?
While there is a specific time limit for the USPTO to decide on a reexamination request, the timeframe for filing such a request is much broader. According to MPEP 2241: “A determination to reexamine may be made at any time during the period of enforceability of a patent.” This means that a request for reexamination…
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 if the 3-month period for deciding a reexamination request ends on a non-business day?
If the 3-month period for deciding a reexamination request ends on a weekend or federal holiday, the USPTO must issue the determination by the preceding business day. MPEP 2241 specifically states: “If the 3-month period ends on a Saturday, Sunday, or federal holiday within the District of Columbia, then the determination must be mailed by…
Read MoreWhat should I know about multiple copending reexamination proceedings?
The MPEP 2241 mentions multiple copending reexamination proceedings and directs readers to additional resources for more information: “See the last portion of MPEP § 2240 and also see MPEP § 2283 for multiple copending reexamination proceedings.” This reference indicates that there are specific procedures and considerations when dealing with multiple reexamination proceedings for the same…
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