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 MoreHow does the USPTO handle copending reexamination and interference proceedings?
How does the USPTO handle copending reexamination and interference proceedings? The USPTO handles copending reexamination and interference proceedings as follows: The Board of Patent Appeals and Interferences (BPAI) has jurisdiction over an interference proceeding. The Central Reexamination Unit (CRU) has jurisdiction over any reexamination proceeding. When both proceedings are copending, the BPAI’s jurisdiction over the…
Read MoreHow does the USPTO handle claim amendments during copending reexamination and interference?
How does the USPTO handle claim amendments during copending reexamination and interference? The USPTO handles claim amendments carefully during copending reexamination and interference proceedings: Claim amendments in reexamination that affect claims involved in the interference require special consideration. The Central Reexamination Unit (CRU) must consult with the Board of Patent Appeals and Interferences (BPAI) before…
Read MoreWhat happens to the reexamination proceeding when an interference is declared?
What happens to the reexamination proceeding when an interference is declared? When an interference is declared during a pending reexamination proceeding: The jurisdiction over the reexamination shifts to the Board of Patent Appeals and Interferences (BPAI). The reexamination proceeding is usually suspended, but this is not automatic. The BPAI may allow certain aspects of the…
Read MoreWhat is the process for handling rebuttal briefs in inter partes reexamination?
The process for handling rebuttal briefs in inter partes reexamination involves several steps: The Board of Patent Appeals and Interferences (BPAI) determines compliance with 37 CFR 1.943(c) and 37 CFR 41.71. The Central Reexamination Unit (CRU) retains jurisdiction over the proceeding until a docketing notice is entered. The Board reviews the rebuttal brief and forwards…
Read MoreWho is responsible for determining compliance of rebuttal briefs in inter partes reexamination?
The responsibility for determining compliance of rebuttal briefs in inter partes reexamination lies with the Board of Patent Appeals and Interferences (BPAI). As stated in MPEP 2679: “As provided in MPEP § 2674, the sole responsibility for determining whether rebuttal briefs comply with 37 CFR 1.943(c) and 37 CFR 41.71 was delegated to the Board…
Read MoreWhat happens to a patent application during an interference proceeding?
During an interference proceeding, the normal examination process for the involved patent application is generally suspended. The MPEP 2301 states: “Once the interference is declared, the examiner generally will not treat the application again until the interference has been terminated.” However, there are exceptions: The Board may refer matters back to the examiner The Board…
Read MoreWhat happens after the examiner acknowledges a rebuttal brief?
After the examiner acknowledges a rebuttal brief, the following occurs: No further response from the examiner is typically required. Any additional replies or comments from any party will not be considered. The inter partes reexamination proceeding is forwarded to the Board for a decision on the appeal. The MPEP provides two examples of acknowledgments by…
Read MoreWhat types of information might the Board notify an examiner about in related files?
The Board of Patent Appeals and Interferences (BPAI) may notify examiners about various types of information relevant to related patent applications. According to MPEP 2307.05, the Board typically notifies examiners of: Party admissions: Statements made by parties during proceedings that may be relevant to the examination of related cases. Prior art: Information about existing inventions…
Read MoreWhat is the Board’s jurisdiction during an interference proceeding?
The Board of Patent Appeals and Interferences (BPAI) acquires jurisdiction over any involved file when it initiates a contested case, such as an interference. According to MPEP 2307: “The Board acquires jurisdiction over any involved file when the Board initiates a contested case. Other proceedings for the involved file within the Office are suspended except…
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