What are the consequences of a final decision adverse to a patentee in an interference proceeding?
A final decision adverse to a patentee in an interference proceeding can have significant consequences, including the cancellation of patent claims. According to 35 U.S.C. 135 (pre-AIA): “A final judgment adverse to a patentee from which no appeal or other review has been or can be taken or had shall constitute cancellation of the claims…
Read MoreWhat happens to the right to petition if all linking claims are canceled after a final restriction?
The right to petition against a restriction requirement is preserved even if all linking claims are canceled after the restriction is made final. The MPEP Section 818.01(d) clearly states: “If restriction is made final following consideration of a traverse, the right to petition is preserved even if all linking claims are canceled.” This provision ensures…
Read MoreCan an examiner cancel non-elected claims without prior authorization from the applicant?
Yes, an examiner can cancel non-elected claims without prior authorization from the applicant under specific circumstances. This authority is granted to examiners by 37 CFR 1.142(b). According to MPEP 821.01: “If applicant has not canceled the nonelected claims or taken other appropriate action (37 CFR 1.144) after the conclusion of the prosecution as defined in…
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