How does the MPEP distinguish between different types of reexamination requests?
The MPEP distinguishes between different types of reexamination requests based on the requester’s intent and the claims made. Two main types are discussed: Requests indicating claims are unpatentable over the art: “The example in MPEP § 2247.01 is drafted for the case where the ‘request indicates that Requester considers that Claims 1-2 are unpatentable over…
Read MoreWhat is the process for denying a request for reexamination?
When a request for reexamination is denied, the following process is followed: The examiner prepares a decision denying the reexamination request if no substantial new question of patentability is found. Form paragraph 22.02 is used as the introductory paragraph in the decision. The examiner responds to each argument based on patents or printed publications. A…
Read MoreWhat is the role of the panel review conference in reexamination decisions?
The panel review conference plays a crucial role in the reexamination decision process. According to the MPEP: “If the examiner’s position is to deny reexamination, the examiner will prepare for and set up a panel review conference as per MPEP § 2271.01, to discuss the issuance of a decision denying reexamination.” The conference serves to:…
Read MoreHow are improper grounds for reexamination handled?
Improper grounds for reexamination are those not based on prior art patents or printed publications. The MPEP provides guidance on how to handle such grounds: “If arguments are presented as to grounds not based on prior art patents or printed publications, such as those based on public use or on sale under 35 U.S.C. 102(b),…
Read MoreWhat happens after a reexamination request is denied?
After a reexamination request is denied, several administrative steps are taken: The Central Reexamination Unit (CRU) processes the decision for mailing. A one-month period is allowed for filing a petition seeking review of the denial. If no petition is filed, the CRU processes a partial refund as per 37 CFR 1.26(c). The reexamination proceeding is…
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