Where 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 is the role of legal instrument examiners and paralegals in reexamination proceedings?
Legal instrument examiners and paralegals handle most of the initial clerical processing of the reexamination file. As stated in MPEP 2270: “The legal instrument examiners and paralegals will handle most of the initial clerical processing of the reexamination file.” This processing is overseen by the Central Reexamination Unit (CRU) Supervisory Patent Reexamination Specialist (SPRS) or…
Read MoreWhat fees are required in an inter partes reexamination proceeding?
Several fees are required in an inter partes reexamination proceeding: Fee for filing the request for inter partes reexamination Fees for the addition of claims by the patent owner during the proceeding (excess claims fees) Fees for an extension of time Fees for any appeal, brief, and oral hearing Fees for all petitions filed relating…
Read MoreWhat is the initial processing for an ex parte reexamination request under 35 U.S.C. 302?
What is the initial processing for an ex parte reexamination request under 35 U.S.C. 302? The initial processing of an ex parte reexamination request filed under 35 U.S.C. 302 involves several steps: The request is received by the Central Reexamination Unit (CRU). A reexamination file is established and assigned a filing date. The request is…
Read MoreWho is responsible for identifying potential material fraud during patent examinations?
Potential material fraud can be identified by various USPTO employees during the examination process. MPEP 2819 provides an example: “If an employee of the Office, such as an examiner in the CRU, becomes aware, during the course of supplemental examination or any reexamination ordered under 35 U.S.C. 257, that a material fraud on the Office…
Read MoreHow are supplemental examination requests assigned to specific art units?
Supplemental examination requests are assigned to specific art units within the Central Reexamination Unit (CRU) based on the technology area of the patent. According to the MPEP, The CRU art unit which examines the technology (Chemical, Electrical, Mechanical, etc.) in which the patent to be examined is currently classified as an original patent, will be…
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 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…
Read MoreWhat is the role of the Central Reexamination Unit (CRU) technical support staff in inter partes reexamination?
The Central Reexamination Unit (CRU) technical support staff plays a crucial role in the clerical handling and processing of inter partes reexamination cases. Their responsibilities include: Performing all PALM (Patent Application Locating and Monitoring) matters for the case Processing and mailing decisions and Office actions to the patent owner and third party requester(s) Mailing copies…
Read MoreWhat is the role of the Central Reexamination Unit (CRU) Legal Instrument Examiner (LIE) in processing reexamination decisions?
The Central Reexamination Unit (CRU) Legal Instrument Examiner (LIE) plays a crucial role in processing reexamination decisions. According to MPEP 2245: “After the examiner has prepared the decision and proofread and signed the final version, the reexamination file and decision are forwarded to the Central Reexamination Unit (CRU) Legal Instrument Examiner (LIE) for coordinating the…
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