How does the USPTO decide whether to merge multiple reexamination proceedings?
The decision to merge multiple reexamination proceedings is made by the Central Reexamination Unit (CRU) Director or their delegate, typically after reexamination is ordered for the second request. The decision is based on several factors: The need for “special dispatch” in conducting reexamination proceedings, as mandated by 35 U.S.C. 305. The stage of the first…
Read MoreCan an examiner reopen prosecution after issuing an examiner’s answer?
Yes, an examiner can reopen prosecution after issuing an examiner’s answer, but it is a rare occurrence and requires specific approval. According to MPEP 2679: “In a very rare situation, where the examiner finds that it is essential to address a rebuttal brief, the examiner must reopen prosecution. In order to reopen prosecution after an…
Read MoreWho has the final authority in resolving conflicts during reexamination transfers?
In cases where conflicts arise during the transfer of reexamination proceedings, the MPEP outlines a clear chain of authority. According to MPEP 2237: Any conflict which cannot be resolved by the SPRSs will be resolved by the CRU Director. This means that while the Supervisory Patent Reexamination Specialists (SPRSs) of the involved art units are…
Read MoreWho reviews the petition for a denied inter partes reexamination request?
According to MPEP 2648, the review process for a petition from a denied inter partes reexamination request is as follows: The petition, along with the reexamination file, is forwarded to the office of the Central Reexamination Unit (CRU) Director. The CRU Director conducts a de novo review of the examiner’s determination. The CRU Director’s decision…
Read MoreWhat authority does the Director of the Central Reexamination Unit (CRU) have in deciding petitions?
The Director of the Central Reexamination Unit (CRU) has specific authority to decide petitions related to reexamination proceedings. According to MPEP 1002.02(c), the CRU Director can decide: Petitions for extension of time in reexamination proceedings pending in the CRU Petitions to accept late payment of maintenance fees with expiration of patent Requests for expedited examination…
Read More