Who processes requests for supplemental examination?
According to MPEP 2812, requests for supplemental examination are processed by the Central Reexamination Unit (CRU) of the USPTO. The MPEP states: “All processing of requests for supplemental examination and of other papers filed in a supplemental examination proceeding and in any resulting ex parte reexamination proceeding will be performed by the staff of the…
Read MoreWho assigns supplemental examination requests?
Supplemental examination requests are assigned to the Central Reexamination Unit (CRU). As stated in the MPEP, Supplemental examination requests will be assigned to the Central Reexamination Unit (CRU) in the same manner in which reexamination requests are assigned. This means that the CRU handles the assignment process for supplemental examination requests, similar to how they…
Read MoreHow should a corrected request for supplemental examination be submitted to the USPTO?
A corrected request for supplemental examination can be submitted electronically or in paper form. The MPEP states, “The corrected request may be submitted using the Office’s Web-based electronic filing system (EFS-Web) at www.uspto.gov, or, if filed in paper form, may be addressed to the Central Reexamination Unit (CRU), Attn: ‘Mail Stop Supplemental Examination’.” It’s important…
Read MoreWho is responsible for determining if a supplemental examination request is compliant?
The responsibility for determining if a supplemental examination request is compliant lies with the Central Reexamination Unit (CRU) of the United States Patent and Trademark Office (USPTO). The MPEP states: If the Central Reexamination Unit (CRU) determines that the request, as originally submitted, does not satisfy all of the requirements of 37 CFR 1.605, 1.610…
Read MoreIs a partial refund provided when a reexamination is terminated?
According to MPEP 2694, when a reexamination is terminated, a partial refund is not provided. This is because the reexamination was properly commenced and addressed before being terminated based on external factors such as a court decision. The MPEP states: “A partial refund is not made in this instance, since the reexamination was properly commenced…
Read MoreWhere should submissions for correcting incomplete ex parte reexamination requests be sent?
Submissions for correcting incomplete ex parte reexamination requests should be marked and sent to a specific mailing address. The MPEP provides clear guidance: “Any such submission should be marked “Mail Stop Ex Parte Reexam” in the manner discussed in MPEP § 2224 so that the submission may be promptly forwarded to the staff of the…
Read MoreWhat are the grounds for vacating an ex parte reexamination order?
An ex parte reexamination order may be vacated under rare and specific circumstances. According to MPEP 2246, “appropriate circumstances” for vacating an order under 37 CFR 1.181(a)(3) include: The reexamination order is not based on prior art patents or printed publications All claims of the patent were held invalid by a final federal court decision…
Read MoreHow are fees processed in an inter partes reexamination proceeding?
In an inter partes reexamination proceeding, all fees are processed by a specific unit within the USPTO. The MPEP states: All fees in an inter partes reexamination proceeding (including the fee for filing the request for inter partes reexamination (see MPEP § 2615)) are processed by the Central Reexamination Unit (CRU). The processing of these…
Read MoreWhat happens if an examiner’s answer is not approved in a reexamination proceeding?
What happens if an examiner’s answer is not approved in a reexamination proceeding? If an examiner’s answer is not approved in a reexamination proceeding, the following steps occur: The examiner’s answer is returned to the Central Reexamination Unit (CRU) or Technology Center (TC) for correction. The original statement of the basis for the rejection is…
Read MoreHow are corrections to incomplete ex parte reexamination requests processed?
Corrections to incomplete ex parte reexamination requests filed under 35 U.S.C. 302 are processed by the Central Reexamination Unit (CRU). The MPEP states: “All processing of submissions to cure an incomplete request for ex parte reexamination filed under 35 U.S.C. 302 (see MPEP § 2227) is carried out by the Central Reexamination Unit (CRU).” This…
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