Who assigns reexamination requests in the USPTO?
Reexamination requests are typically assigned by the Supervisory Patent Reexamination Specialist (SPRS) in the Central Reexamination Unit (CRU). As stated in the MPEP, Except for reexamination requests for design patents, reexamination requests are assigned to the Central Reexamination Unit (CRU) art unit which examines the technology (Chemical, Electrical, Mechanical, etc.) in which the patent to…
Read MoreHow are reexamination requests handled when there’s a pending reissue application?
When a reissue application is pending and a reexamination request is filed for the same patent, the handling process depends on whether reexamination has been ordered: If reexamination has been ordered: The Office of Patent Legal Administration (OPLA) should be notified for merger consideration. If merged, the reissue is generally assigned to the examiner who…
Read MoreWhat happens if a reexamination is inadvertently assigned to the original examiner?
If a reexamination is inadvertently assigned to the original examiner without the required approval, the following steps apply: The patent owner or third party requester must promptly file a paper alerting the Office of this fact. This paper must be filed within two months of the first Office action or communication indicating the examiner assignment.…
Read MoreCan the original examiner be assigned to a reexamination proceeding?
Generally, the original examiner is not assigned to a reexamination proceeding. The MPEP states, It is the policy of the Office that the CRU SPRS will assign the reexamination request to an examiner different from the examiner(s) who examined the patent application. However, there are exceptions to this rule: When the original examiner is the…
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