How does the USPTO handle copending reexamination and interference proceedings?
How does the USPTO handle copending reexamination and interference proceedings? The USPTO handles copending reexamination and interference proceedings as follows: The Board of Patent Appeals and Interferences (BPAI) has jurisdiction over an interference proceeding. The Central Reexamination Unit (CRU) has jurisdiction over any reexamination proceeding. When both proceedings are copending, the BPAI’s jurisdiction over the…
Read MoreHow does the USPTO handle claim amendments during copending reexamination and interference?
How does the USPTO handle claim amendments during copending reexamination and interference? The USPTO handles claim amendments carefully during copending reexamination and interference proceedings: Claim amendments in reexamination that affect claims involved in the interference require special consideration. The Central Reexamination Unit (CRU) must consult with the Board of Patent Appeals and Interferences (BPAI) before…
Read MoreCan a patent owner petition to stay a reexamination proceeding because of an interference?
Yes, a patent owner can petition to stay a reexamination proceeding because of an interference, but there are specific rules and timing considerations: Any petition filed prior to the first Office action in the reexamination proceeding will not be considered and will be returned or expunged. The patent owner may file a petition to stay…
Read MoreHow can parties request a suspension of an interference due to a reexamination proceeding?
Parties can request a suspension of an interference due to a reexamination proceeding through two main methods: Motion to Suspend Interference: A party to the interference can file a miscellaneous motion under 37 CFR 41.121(a)(3) to suspend the interference pending the outcome of a reexamination proceeding. This motion must be presented to the Administrative Patent…
Read MoreWhat happens if a request for reexamination is filed during an interference?
When a request for reexamination is filed during an interference, the following procedures apply: The request for reexamination will be processed in the normal manner, without delay or stay, especially if the third party requester is not a party to the interference. Under 37 CFR 41.8(a), the patent owner must notify the Board that a…
Read MoreWhat happens to the reexamination proceeding when an interference is declared?
What happens to the reexamination proceeding when an interference is declared? When an interference is declared during a pending reexamination proceeding: The jurisdiction over the reexamination shifts to the Board of Patent Appeals and Interferences (BPAI). The reexamination proceeding is usually suspended, but this is not automatic. The BPAI may allow certain aspects of the…
Read MoreWhat happens when a patent in inter partes reexamination becomes involved in an interference?
When a patent undergoing inter partes reexamination becomes involved in an interference proceeding, the general policy is that the reexamination will not be delayed or stayed. This is due to the requirement in 35 U.S.C. 314(c) that all reexamination proceedings be conducted with “special dispatch” within the Office. As stated in the MPEP: In general,…
Read MoreWhat actions can the CRU take during copending reexamination and interference proceedings?
What actions can the CRU take during copending reexamination and interference proceedings? During copending reexamination and interference proceedings, the Central Reexamination Unit (CRU) can take certain actions, but with limitations: The CRU may not issue a reexamination certificate without agreement from the Board of Patent Appeals and Interferences (BPAI). The CRU must consult with the…
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