What is the timeline for preparing and reviewing an examiner’s answer in inter partes reexamination?
The timeline for preparing and reviewing an examiner’s answer in an inter partes reexamination proceeding is outlined in MPEP 2677. The key steps and timeframes are as follows: The examiner’s answer is to be completed by the examiner within two weeks after the appeal conference. After completion, the examiner obtains the initials of the appeal…
Read MoreWhat are the steps for filing an appeal to the Federal Circuit in an inter partes reexamination?
According to MPEP 2683, the steps for filing an appeal to the Federal Circuit in an inter partes reexamination are: In the USPTO, timely file a written notice of appeal directed to the Director in accordance with 37 CFR 1.302 and 1.304. In the Federal Circuit, file a copy of the notice of appeal and…
Read MoreWhat is the process for requesting an oral hearing in a patent reexamination appeal?
To request an oral hearing in a patent reexamination appeal, the appellant (patent owner) must: File a written request for the hearing Pay the fee set forth in 37 CFR 41.20(b)(3) Submit the request within two months after the date of the examiner’s answer or supplemental examiner’s answer As stated in MPEP 2276, “The time…
Read MoreHow can an appellant request a closed oral hearing in a patent reexamination appeal?
To request a closed oral hearing in a patent reexamination appeal, the appellant must follow a specific process outlined in MPEP 2276: File a petition under 37 CFR 41.3 requesting that the hearing not be open to the public Present sufficient reasons to justify the closed hearing Pay the petition fee set forth in 37…
Read MoreAre oral hearings in patent reexamination appeals open to the public?
Generally, oral hearings in patent reexamination appeals are open to the public as observers. However, the appellant can request a closed hearing under certain conditions. According to MPEP 2276: “Where the appeal involves reexamination proceedings, oral hearings are open to the public as observers (subject to the admittance procedures established by the Board), unless the…
Read MoreWhat happens if no rebuttal brief is received within the specified time period?
According to MPEP 2678, if no rebuttal brief is received within the one-month period set in the examiner’s answer, the following process occurs: “If no rebuttal brief is received within the one month period set in the examiner’s answer, the Central Reexamination Unit (CRU) will issue a notification letter to parties using form paragraph 26.67,…
Read MoreWhat happens if no request for oral hearing is filed?
If no request and fee for an oral hearing are timely filed by the appellant or respondent, the appeal will be decided based on the briefs without an oral hearing. MPEP 2680 states: “If no request and fee for oral hearing have been timely filed by appellant or respondent as required by paragraph (b) of…
Read MoreWhat are the key components of an examiner’s answer in inter partes reexamination?
According to MPEP 2677, an examiner’s answer in an inter partes reexamination proceeding must include several key components in a specific order. These components are: Real Party in Interest Related Appeals and Interferences Status of Claims Status of Amendments Summary of Claimed Subject Matter Grounds of Rejection to be Reviewed on Appeal Findings of Patentability…
Read MoreCan the decision on a petition for inter partes reexamination be appealed?
No, the decision on a petition for inter partes reexamination cannot be appealed. According to MPEP 2648: “This decision is final and nonappealable. See 35 U.S.C. 312(c) and 37 CFR 1.927. No further communication on this matter will be acknowledged or considered.” This means that once the CRU Director has made a decision on the…
Read MoreWhat is the process for filing an appeal in inter partes reexamination?
The process for filing an appeal in inter partes reexamination begins after a Right of Appeal Notice (RAN) has been issued. According to MPEP 2674: “Once a RAN has been issued, the patent owner and any third party requester will have, in accordance with 37 CFR 1.953, a time period of one month or thirty…
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