Who declares and administers an interference proceeding?
The declaration and administration of an interference proceeding involve multiple parties within the USPTO. According to MPEP 2301: “Once an interference has been suggested under 37 CFR 41.202, the examiner refers the suggested interference to the Board. An administrative patent judge declares the interference, which is then administered at the Board.” Specifically: The examiner initially…
Read MoreCan an interference be suspended due to a concurrent reexamination proceeding?
Yes, an interference can potentially be suspended due to a concurrent reexamination proceeding, but suspension is not favored. The process for requesting such a suspension involves multiple steps: A party to the interference may file a miscellaneous motion under 37 CFR 41.121(a)(3) to suspend the interference. This motion must be presented to the administrative patent…
Read MoreWhat happens if an Administrative Patent Judge becomes unavailable during the rehearing process?
The MPEP 1214.03 addresses the situation where an Administrative Patent Judge (APJ) becomes unavailable during the rehearing process. It states: “Should an Administrative Patent Judge (APJ) retire or otherwise become unavailable to reconsider a decision, normally another APJ will be designated as a substitute for the unavailable APJ.” This procedure ensures that: The rehearing process…
Read MoreWho is responsible for reviewing a reissue application when a protest is filed and the patent is in a contested case?
When a protest is filed in a reissue application and the related patent is involved in a contested case, the review process involves collaboration between several parties. According to MPEP 1449: “In consultation with the examiner and the PTAB, a TC TQAS or SPRS will check to see that: It is particularly important that the…
Read MoreCan I request a Certificate of Correction if my patent is involved in an interference or trial?
If your patent is involved in an interference or a trial before the Patent Trial and Appeal Board (PTAB), there are specific requirements for requesting a Certificate of Correction. The MPEP states: “If the patent is involved in an interference or a trial before the Patent Trial and Appeal Board, a certificate of correction under…
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