What constitutes a submission not fully responsive to a non-final Office action in a patent reexamination?

A submission is considered not fully responsive to a non-final Office action in a patent reexamination when: A bona fide response to the examiner’s non-final action is filed It’s filed before the expiration of the permissible response period, including extensions But through an apparent oversight or inadvertence, some necessary point has been omitted As stated…

Read More

What is the significance of a ‘bona fide attempt’ in patent reexamination responses?

A ‘bona fide attempt’ in patent reexamination responses refers to a genuine effort by the patent owner to advance the reexamination proceeding to final action, even if the response contains minor deficiencies. According to MPEP 2266.01: “Where a patent owner submission responds to the rejections, objections, or requirements in a non-final Office action and is…

Read More