What certifications are required in an inter partes reexamination request?
An inter partes reexamination request must include specific certifications as outlined in MPEP 2614. These certifications are crucial to ensure compliance with statutory provisions and to prevent abuse of the reexamination process. The required certifications are: Estoppel Certification (35 U.S.C. 317 and 315(e)): The request must include “A certification by the third party requester that…
Read MoreHow should prior art be presented in an inter partes reexamination request?
When presenting prior art in an inter partes reexamination request, the MPEP 2614 provides specific guidelines: Copy requirement: The request must include “a copy of every patent or printed publication relied upon or referred to in the request.” This ensures that the examiner has immediate access to all relevant prior art. Translation requirement: “An English…
Read MoreWhat are the requirements for a patent owner’s statement in an inter partes reexamination request?
In an inter partes reexamination request, the patent owner’s statement must meet specific requirements as outlined in MPEP 2614: The statement should be clearly identified as a “statement by the patent owner.” It must address each substantial new question of patentability identified in the request. The statement should be limited to 50 pages, excluding evidence…
Read MoreWhat are the mandatory elements of a request for inter partes reexamination?
According to MPEP 2614, a request for inter partes reexamination must include the following mandatory elements: A statement pointing out each substantial new question of patentability based on prior patents and printed publications An identification of every claim for which reexamination is requested A detailed explanation of the pertinence and manner of applying the cited…
Read MoreWhat are the formatting requirements for an inter partes reexamination request?
The formatting requirements for an inter partes reexamination request are specified in MPEP 2614 and include: The request must be in writing. All pages should be numbered consecutively. The text must be double-spaced, except for headings, signature blocks, and tables. Margins should be at least one inch on all sides. Font size should be at…
Read MoreWhat is the current status of inter partes reexamination requests?
As of September 16, 2012, no new requests for inter partes reexamination can be filed. The Manual of Patent Examining Procedure (MPEP) Section 2614 states: “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This change was part of the America Invents Act (AIA) which replaced inter partes reexamination…
Read MoreHow should prior art patents and printed publications be cited in an inter partes reexamination request?
When citing prior art patents and printed publications in an inter partes reexamination request, follow these guidelines from MPEP 2614: Provide a detailed explanation of the pertinency and manner of applying the cited prior art to every claim for which reexamination is requested. Include copies of all cited patents or printed publications, except those already…
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