How does the USPTO prioritize reexamination proceedings and reissue applications?
The USPTO prioritizes reexamination proceedings and reissue applications as follows: Highest Priority: Cases involved in litigation (both reexamination proceedings and reissue applications) Second Priority: Reexamination proceedings not involved in litigation Lower Priority: All other cases As stated in MPEP 2661: “Any cases involved in litigation, whether they are reexamination proceedings or reissue applications, will have…
Read MoreCan the Director make exceptions to the “special dispatch” requirement in inter partes reexamination?
Yes, the Director of the USPTO can make exceptions to the “special dispatch” requirement in inter partes reexamination proceedings for good cause. This is explicitly stated in 35 U.S.C. 314(c): “Unless otherwise provided by the Director for good cause, all inter partes reexamination proceedings under this section, including any appeal to the Board of Patent…
Read MoreWhat is “special dispatch” in inter partes reexamination proceedings?
“Special dispatch” is a requirement for inter partes reexamination proceedings as mandated by 35 U.S.C. 314(c). The MPEP states: “In view of the requirement for ‘special dispatch,’ all reexamination proceedings will be ‘special’ throughout their pendency in the Office.” This means that inter partes reexamination proceedings are given priority and expedited treatment throughout the entire…
Read MoreWhat is the applicability of the inter partes reexamination procedure described in MPEP 2661?
The inter partes reexamination procedure described in MPEP 2661 is specifically applicable to requests filed before September 16, 2012. This is clearly stated in the editor’s note at the beginning of the section: “[Editor Note: Applicable only to a request for inter partes reexamination filed prior to September 16, 2012]” This limitation is important because…
Read MoreWhen should the examiner’s first Office action be mailed in an inter partes reexamination?
In an inter partes reexamination, the examiner’s first Office action on the merits should typically be mailed together with the order for reexamination. This practice is designed to expedite the process and adhere to the “special dispatch” requirement. As stated in MPEP 2661: “In order to further the requirement for special dispatch, the examiner’s first…
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