When is an Ex Parte Reexamination Certificate issued?
An Ex Parte Reexamination Certificate is issued at the conclusion of an ex parte reexamination proceeding. According to MPEP 2288, the certificate is issued: “when the time for appeal has expired or any appeal proceeding has terminated” This means the certificate is issued after all opportunities for challenging the results of the reexamination have been…
Read MoreHow does a reissue patent affect the Ex Parte Reexamination Certificate?
In certain situations, the grant of a reissue patent can replace the need for an Ex Parte Reexamination Certificate. According to MPEP 2288: “If the ex parte reexamination proceeding is terminated by the grant of a reissued patent as provided in § 1.565(d), the reissued patent will constitute the ex parte reexamination certificate required by…
Read MoreWho receives copies of the Ex Parte Reexamination Certificate?
The distribution of Ex Parte Reexamination Certificates is governed by specific USPTO rules. According to MPEP 2288, which cites 37 CFR 1.570(c): “The ex parte reexamination certificate will be mailed on the day of its date to the patent owner at the address as provided for in § 1.33(c). A copy of the ex parte…
Read MoreHow is the public notified of an issued Ex Parte Reexamination Certificate?
The United States Patent and Trademark Office (USPTO) has a specific procedure for notifying the public about the issuance of Ex Parte Reexamination Certificates. According to MPEP 2288: “A notice of the issuance of each ex parte reexamination certificate under this section will be published in the Official Gazette on its date of issuance.” This…
Read MoreWhat happens if an ex parte reexamination certificate is not issued within 3 months?
According to MPEP 2288, if an ex parte reexamination certificate is not issued within 3 months from the day the patent owner’s statement (or the time for filing such a statement expires), the requester may seek court intervention. The MPEP states: “If the reexamination certificate is not issued within that period, the requester may seek…
Read MoreHow does the USPTO handle concurrent proceedings during ex parte reexamination?
The MPEP 2288 addresses the handling of concurrent proceedings during ex parte reexamination. It states: “If concurrent proceedings are pending at the time the ex parte reexamination certificate is to be issued, the USPTO may suspend the issuance of the certificate until the concurrent proceedings are terminated.” This means that if there are other ongoing…
Read MoreWhat happens if all patent claims are canceled in an Ex Parte Reexamination?
If all patent claims are canceled as a result of an ex parte reexamination, it has significant consequences for the patent and any related proceedings. According to MPEP 2288: “If an ex parte reexamination certificate has been issued and published which cancels all of the claims of the patent, no further Office proceedings will be…
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