Can a third party requester participate in the appeal process of inter partes reexamination?
Can a third party requester participate in the appeal process of inter partes reexamination? Yes, a third party requester can participate in the appeal process of inter partes reexamination. MPEP 2674 outlines the rights and limitations of the third party requester in the appeal process: “The third party requester may file a respondent brief in…
Read MoreWhat is the process for reviewing new matter objections or rejections?
The process for reviewing new matter objections or rejections can vary depending on the specific circumstances. According to MPEP 2163.06: Typically, an objection is petitionable, while a rejection is appealable. However, when the objection is “determinative of the rejection,” such as when the examiner has indicated that the disclosure contains new matter, the issue may…
Read MoreWhat is the process for requesting an oral hearing in an inter partes reexamination appeal?
What is the process for requesting an oral hearing in an inter partes reexamination appeal? In inter partes reexamination appeals, parties have the option to request an oral hearing before the Board. The process for requesting an oral hearing is outlined in MPEP 2674: “If an appellant or a respondent (the patent owner or the…
Read MoreHow is the period of patent term adjustment calculated?
The period of patent term adjustment is calculated based on various factors outlined in 37 CFR 1.703. The calculation includes: Delays due to the USPTO failing to meet certain deadlines Delays beyond three years from the actual filing date Delays due to interferences, secrecy orders, and successful appeals The MPEP states, “37 CFR 1.703 specifies…
Read MoreWhat are the time limits for filing a notice of appeal in inter partes reexamination?
What are the time limits for filing a notice of appeal in inter partes reexamination? The time limits for filing a notice of appeal in inter partes reexamination are specified in MPEP 2674. The manual states: “The time for filing a notice of appeal is within thirty days after the mailing of the action from…
Read MoreWhat are the grounds for patent term adjustment?
The grounds for patent term adjustment are specified in 37 CFR 1.702 and include: Delays due to the USPTO failing to take certain actions within specified timeframes Delays due to the USPTO failing to issue a patent within three years of the actual filing date Delays due to interferences, secrecy orders, and appeals As stated…
Read MoreHow does the Board handle new grounds of rejection in inter partes reexamination appeals?
How does the Board handle new grounds of rejection in inter partes reexamination appeals? In inter partes reexamination appeals, the Board has the authority to issue new grounds of rejection. According to MPEP 2674: “The Board may also issue new grounds of rejection under 37 CFR 41.77(b). For example, the Board might state the following:…
Read MoreWhat types of time extension petitions are decided by the USPTO General Counsel?
The USPTO General Counsel decides on specific types of time extension petitions related to appeals and civil actions. According to MPEP 1002.02(k)(1): “Petitions (under 37 CFR 90.3(c) or 37 CFR 2.145(e)) seeking to extend the time for filing a notice of appeal to the U.S. Court of Appeals for the Federal Circuit or for commencing…
Read MoreWhat matters are decided by the Deputy Director of the USPTO?
The Deputy Director of the USPTO is responsible for deciding petitions to the Director of the USPTO from actions taken by the Patent Trial and Appeal Board (PTAB) for matters not otherwise delegated to other PTAB officials. Specifically, the MPEP states: “The Deputy Director of the USPTO has been delegated the authority to decide petitions…
Read MoreWhat types of patent actions require a primary examiner’s signature?
Several types of patent actions require the signature of a primary examiner, even when an examiner has partial signatory authority. According to MPEP 1005, these actions include: Allowances (MPEP § 1302.13) Examiner’s amendments (MPEP § 1302.04) Final rejections (MPEP §§ 706.07 and 803.01) Withdrawal of final rejection (MPEP §§ 706.07(d) and 706.07(e)) Examiner’s answers on…
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