Who processes reexamination requests in the USPTO?
Reexamination requests are processed by designated personnel in the Central Reexamination Unit (CRU) or Technology Centers (TCs). According to MPEP 2233: “The working groups in the Central Reexamination Unit (CRU) or Technology Centers (TCs) have designated the legal instrument examiners and paralegals to act as reexamination clerks, as part of their assigned duties, and thus…
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 MoreWho assigns reexamination requests in the USPTO?
Reexamination requests are typically assigned by the Supervisory Patent Reexamination Specialist (SPRS) in the Central Reexamination Unit (CRU). As stated in the MPEP, Except for reexamination requests for design patents, reexamination requests are assigned to the Central Reexamination Unit (CRU) art unit which examines the technology (Chemical, Electrical, Mechanical, etc.) in which the patent to…
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 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 MoreHow are reexamination requests initially assigned?
Reexamination requests are typically assigned to a Central Reexamination Unit (CRU) art unit that examines the technology in which the patent to be reexamined is currently classified. As stated in the MPEP: A reexamination request is normally assigned to a Central Reexamination Unit (CRU) art unit which examines the technology (Chemical, Electrical, Mechanical, etc.) in…
Read MoreWhat happens after an examiner prepares a decision in a reexamination proceeding?
After the examiner has prepared, proofread, and signed the final version of a decision in a reexamination proceeding, the following steps occur: The reexamination file and decision are forwarded to the Central Reexamination Unit (CRU) Legal Instrument Examiner (LIE). The CRU LIE coordinates the clerical processing carried out by the technical support staff. A copy…
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 MoreWhat is the process for denying a reexamination request?
The process for denying a reexamination request involves several steps: The examiner prepares a decision explaining why no SNQ/RLP has been established for each cited patent or publication. The examiner sets up a panel review conference to discuss the decision. If the conference confirms the denial, the examiner completes and signs the decision, with conferees…
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