What is the review process after an examiner completes an action in inter partes reexamination?
After an examiner completes an action in inter partes reexamination, it undergoes a review process. The MPEP outlines this process: “After the conference, the proceeding, with the completed action, will be forwarded to the CRU Supervisory Patent Reexamination Specialist (SPRS) or Technology Center (TC) Quality Assurance Specialist (QAS) for review.” If corrections or revisions are…
Read MoreWhat does an examiner consider when reviewing a patent owner’s response with amendments?
When a patent owner’s response contains amendments, the examiner must consider specific legal issues. According to the MPEP: “If the patent owner response contains an amendment, the examiner will consider the amendment to determine whether the amendment raises issues of 35 U.S.C. 112 and/or broadening of the claims under 35 U.S.C. 314.” This means the…
Read MoreCan an examiner issue a new rejection of previously patentable claims in inter partes reexamination?
Yes, an examiner can issue a new rejection of previously patentable claims in inter partes reexamination under certain circumstances. The MPEP states: “It should be noted that even in a situation where there has been no patent owner response, the examiner is always free to issue a supplemental Office action providing a new rejection of…
Read MoreWhat happens after the patent owner responds and third party comments in an inter partes reexamination?
After the patent owner responds and any third party comments are received, the patent under reexamination is reconsidered. The MPEP states: “The patent owner and the third party requester will be notified as to any claims rejected, any claims found patentable and any objections or requirements made.” This process continues until the examiner determines the…
Read MoreWhat is the role of a conference in the inter partes reexamination process?
After receiving responses and comments, the examiner participates in a conference as part of the inter partes reexamination process. The MPEP states: “After the examiner receives notification of a response/comment (e.g., having the patent owner’s response to the Office action and any third party requester comments on that response), he/she will prepare for and participate…
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