Are there any restrictions on the timing of interviews in ex parte reexamination?
Yes, there are specific restrictions on the timing of interviews in ex parte reexamination proceedings. The MPEP 2281 states: “Interviews prior to the first Office action in ex parte reexamination proceedings are prohibited.“ This restriction is in place to ensure that: The examiner has had a chance to review the case and form initial opinions…
Read MoreCan third-party requesters participate in ex parte reexamination interviews?
No, third-party requesters are not permitted to participate in ex parte reexamination interviews. MPEP 2281 clearly states: “Requests that reexamination requesters participate in interviews with examiners will not be granted.“ This restriction is in place to maintain the ex parte nature of the reexamination proceedings. Only the patent owner and/or their representative can participate in…
Read MoreWhat are the rules for recording interviews in ex parte reexamination proceedings?
In ex parte reexamination proceedings, interviews must be recorded and made of record in the reexamination file. The MPEP states: “All interviews in ex parte reexamination proceedings must be made of record in the reexamination file. The examiner should therefore prepare, sign, and date a memorandum for the record after each interview, stating in detail…
Read MoreHow should patent owners prepare for an interview in an ex parte reexamination proceeding?
Patent owners should follow these steps to prepare for an interview in an ex parte reexamination proceeding, as outlined in MPEP 2281: Contact the examiner to indicate the issues to be discussed and determine if an interview will be granted. If granted, file the following at least three working days prior to the interview: An…
Read MoreWho can participate in interviews during ex parte reexamination proceedings?
Participation in interviews during ex parte reexamination proceedings is limited to specific parties. According to MPEP 2281: “Interviews in ex parte reexamination proceedings should be conducted with the parties set forth in MPEP § 2281.01.“ This typically includes: The examiner The patent owner (if represented, then with their attorney or agent) The third party requester…
Read MoreWhat are the time limitations for interviews in ex parte reexamination proceedings?
Interviews in ex parte reexamination proceedings are subject to specific time limitations as outlined in MPEP 2281: The duration of an interview should not exceed one hour. Only one interview may be requested after an Office action and prior to filing the response to that action. Interviews for discussing patentability are not permitted prior to…
Read MoreWhat are the rules for conducting interviews in ex parte reexamination proceedings?
Interviews in ex parte reexamination proceedings are subject to specific rules as outlined in MPEP 2281: Interviews must be conducted in the Office during designated hours. Only the patent owner and/or their representative can participate; third-party requesters are not permitted. Interviews for discussing patentability are not allowed before the first official action. Interviews should be…
Read MoreHow should patent owners document interviews in ex parte reexamination proceedings?
Patent owners are required to document interviews in ex parte reexamination proceedings as follows: A complete written statement of the reasons presented at the interview must be filed. The statement should explain why the interview warrants favorable action. It must be filed either as a separate paper within one month of the interview or as…
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