What is the time limit for filing a petition after denial of reexamination?
The time limit for filing a petition after denial of reexamination is strictly defined. According to MPEP 2248: “The requester may seek review by a petition to the Director under § 1.181 within one month of the mailing date of the examiner’s determination refusing ex parte reexamination.” It’s important to note that this one-month period…
Read MoreWhat is the process for petitioning a denial of an ex parte reexamination request?
If a request for ex parte reexamination under 35 U.S.C. 302 is denied, the requester can petition for review. According to MPEP 2248: “The requester may seek review by a petition to the Director under § 1.181 within one month of the mailing date of the examiner’s determination refusing ex parte reexamination. Any such petition…
Read MoreCan you petition a partial grant of a reexamination request?
Yes, you can petition a partial grant of a reexamination request. MPEP 2248 explains: “If an order granting reexamination includes a determination that the third party requester has not raised a substantial new question of patentability (SNQ) for one claim, but has raised a SNQ for at least one other claim, then third party requester…
Read MoreWhat happens if a petition for reexamination is granted after initial denial?
If a petition for reexamination is granted after an initial denial, the process moves forward. According to MPEP 2248: “If the petition is granted, the decision of the CRU Director should include a sentence setting a two-month period for filing a statement under 37 CFR 1.530; the reexamination file will then be returned to the…
Read MoreCan the decision on a petition from denial of reexamination be appealed?
No, the decision on a petition from denial of reexamination cannot be appealed. MPEP 2248 clearly states: “This decision is final and nonappealable. See 35 U.S.C. 303(c) and 37 CFR 1.515(c). No further communication on this matter will be acknowledged or considered.” This means that once the CRU Director makes a decision on the petition,…
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