What 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…
Read MoreWhat are the service requirements for a patent owner’s statement in ex parte reexamination?
In ex parte reexamination, the patent owner must serve their statement on the requester if the reexamination was requested by a third party. MPEP 2249 states: “A copy of the statement must be served by the patent owner on the requester, unless the request was filed by the patent owner.” Failure to provide proof of…
Read MoreWhat is the Patent Owner’s Statement in ex parte reexamination?
The Patent Owner’s Statement is a response filed by the patent owner in an ex parte reexamination proceeding. According to MPEP 2249, “If reexamination is ordered under 35 U.S.C. 304, the decision will set a period of not less than two months within which period the patent owner may file a statement and any narrowing…
Read MoreCan a patent owner file a statement before the reexamination order?
No, a patent owner cannot file a statement before the reexamination order is issued. MPEP 2249 states: “The patent owner has no right to file a statement subsequent to the filing of the request under 35 U.S.C. 302 but prior to the order for reexamination. Any such premature statement will not be acknowledged nor considered…
Read More