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 More

What 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 More

How 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 More

What 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 More

What 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…

Read More