How does the USPTO handle multiple pending reexamination proceedings for the same patent?
The MPEP 2254 provides guidance on handling multiple pending reexamination proceedings for the same patent: Multiple ex parte reexamination proceedings are generally merged into a single proceeding. If an inter partes reexamination is also pending, it takes precedence over ex parte reexaminations. The USPTO may suspend one proceeding in favor of another to promote efficiency.…
Read MoreWhat are the requirements for a third-party requester’s reply in ex parte reexamination?
According to MPEP 2254, a third-party requester has specific requirements for filing a reply in ex parte reexamination: The reply must be filed within two months of the date of service of the patent owner’s statement. The reply is limited to issues raised in the patent owner’s statement. No new prior art may be introduced…
Read MoreCan third parties participate in ex parte reexamination proceedings?
Third party participation in ex parte reexamination proceedings is limited. According to the MPEP, “The active participation of the ex parte reexamination requester ends with the reply pursuant to § 1.535, and no further submissions on behalf of the reexamination requester will be acknowledged or considered.“ After the reexamination is ordered, third party submissions are…
Read MoreWhat are the time periods for response in ex parte reexamination proceedings?
In ex parte reexamination proceedings, specific time periods are set for responses. According to MPEP 2254: “The time periods set for response are one month (30 days) from the mailing date of the Office action for the patent owner, and one month (30 days) from the date of service for any third party requester.“ However,…
Read MoreWhat are the time limits for filing a patent owner’s statement in ex parte reexamination?
According to MPEP 2254, the patent owner has specific time limits for filing a statement in ex parte reexamination: The patent owner has two months from the date of the order for reexamination to file a statement. This period may be extended by up to one additional month upon request and payment of the requisite…
Read MoreWhat is the time frame for patent owners to respond in ex parte reexamination proceedings?
According to 37 CFR 1.550(b), “The patent owner in an ex parte reexamination proceeding will be given at least thirty days to respond to any Office action.” This means that patent owners have a minimum of 30 days to submit their response, which may include “further statements and/or proposed amendments or new claims to place…
Read MoreWhat happens if a patent owner fails to respond in an ex parte reexamination?
If a patent owner fails to respond to an Office action or interview statement in an ex parte reexamination, there are serious consequences. According to 37 CFR 1.550(d): “If the patent owner fails to file a timely and appropriate response to any Office action or any written statement of an interview required under § 1.560(b),…
Read MoreCan new or amended claims be introduced during ex parte reexamination?
Yes, new or amended claims can be introduced during ex parte reexamination, but with certain limitations. According to 35 U.S.C. 305: “In any reexamination proceeding under this chapter, the patent owner will be permitted to propose any amendment to his patent and a new claim or claims thereto, in order to distinguish the invention as…
Read MoreHow are interviews conducted in ex parte reexamination proceedings?
Interviews in ex parte reexamination proceedings are conducted under specific guidelines. The MPEP 2254 states: “Interviews are permitted in an ex parte reexamination proceeding. In the ex parte reexamination proceeding, only ex parte interviews between the examiner and patent owner and/or the patent owner’s representative are permitted. Interviews between the examiner and the third party…
Read MoreHow are ex parte reexamination proceedings conducted?
Ex parte reexamination proceedings are conducted according to 35 U.S.C. 305, which states: “reexamination will be conducted according to the procedures established for initial examination under the provisions of sections 132 and 133.” This means that the examination process follows similar procedures to the initial patent examination. Additionally, the MPEP states that “The examination will…
Read More