What is the definition of a contested case in patent law?
According to MPEP 2301.02, a contested case is defined as: “[A] Board proceeding other than an appeal under 35 U.S.C. 134 or a petition under § 41.3. An appeal in an inter partes reexamination is not a contested case.” In simpler terms, a contested case is a proceeding before the Patent Trial and Appeal Board…
Read MoreWhat are the requirements for requesting access to Office records related to a contested case?
According to MPEP 2307.02, any request for access to or copies of Office records directly related to a contested case must adhere to the following requirements: The request must be filed with the Board. It must precisely identify the records being requested. For copies, the appropriate fee set under 37 CFR 1.19(b) must be included.…
Read MoreHow is a patent interference defined and administered?
Patent interference is a specific type of contested case before the Patent Trial and Appeal Board. The MPEP 2301.02 provides the following definition and administration guidelines: “A patent interference is a contested case subject to the procedures set forth in subpart D of this part.” Furthermore, regarding the administration of patent interferences: “Patent interferences shall…
Read MoreWho is responsible for reviewing a reissue application when a protest is filed and the patent is in a contested case?
When a protest is filed in a reissue application and the related patent is involved in a contested case, the review process involves collaboration between several parties. According to MPEP 1449: “In consultation with the examiner and the PTAB, a TC TQAS or SPRS will check to see that: It is particularly important that the…
Read MoreWhy is it important to refer a reissue application to the PTAB when a protest is filed and the patent is in an interference or contested case?
Referring a reissue application to the Patent Trial and Appeal Board (PTAB) when a protest is filed and the patent is in an interference or contested case is crucial for several reasons: It ensures coordination between the reissue examination process and the ongoing interference or contested case. It allows the PTAB to provide guidance on…
Read More