What certifications are required in an inter partes reexamination request?

An inter partes reexamination request must include specific certifications as outlined in MPEP 2614. These certifications are crucial to ensure compliance with statutory provisions and to prevent abuse of the reexamination process. The required certifications are: Estoppel Certification (35 U.S.C. 317 and 315(e)): The request must include “A certification by the third party requester that…

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What is the estoppel effect of litigation on inter partes reexamination under 35 U.S.C. 317(b)?

The estoppel effect under 35 U.S.C. 317(b) can prevent the maintenance of an inter partes reexamination under certain conditions: It applies when there’s a final court decision upholding patent validity. The requester must have been a party to the litigation. It only affects claims that were at issue in the litigation. It prevents reexamination based…

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