What additional legal documents should be included with a patent reexamination request?
When submitting a patent reexamination request, certain additional legal documents should be included to provide a comprehensive context for the patent’s current status. According to MPEP 2219: “A copy of any federal court decision, complaint in a pending civil action, or interference or derivation decision should also be submitted.“ These additional documents may include: Federal…
Read MoreWhat is the role of the USPTO in civil actions under 35 U.S.C. 145 and 146?
What is the role of the USPTO in civil actions under 35 U.S.C. 145 and 146? The USPTO plays a significant role in civil actions under 35 U.S.C. 145 and 146. According to MPEP 1216.02: “In an action under 35 U.S.C. 145, the Director is the defendant; in an action under 35 U.S.C. 146, the…
Read MoreWhat types of time extension petitions are decided by the USPTO General Counsel?
The USPTO General Counsel decides on specific types of time extension petitions related to appeals and civil actions. According to MPEP 1002.02(k)(1): “Petitions (under 37 CFR 90.3(c) or 37 CFR 2.145(e)) seeking to extend the time for filing a notice of appeal to the U.S. Court of Appeals for the Federal Circuit or for commencing…
Read MoreCan new evidence be introduced in a 35 U.S.C. 145 action?
Yes, in an action under 35 U.S.C. 145, the plaintiff is allowed to introduce new evidence that was not previously presented to the U.S. Patent and Trademark Office (USPTO). This is one of the key advantages of pursuing a civil action under 35 U.S.C. 145 instead of a direct appeal to the Federal Circuit. The…
Read MoreHow is a civil action under 35 U.S.C. 145 or 146 initiated?
To initiate a civil action under 35 U.S.C. 145 or 146, follow these steps: File a complaint in the U.S. District Court for the Eastern District of Virginia within the specified timeframe. Serve copies of the complaint and summons on the Director of the USPTO, the U.S. Attorney for the District of Columbia, and the…
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