Can members of the public request the Director to initiate reexamination?
While members of the public can request reexamination through standard procedures, the USPTO generally does not consider requests for the Director to initiate reexamination on their own. The MPEP 2239 states: “The Director of the USPTO will not normally consider requests to order reexamination at the Director’s initiative received from members of the public. If…
Read MoreHow is the public notified of an issued Ex Parte Reexamination Certificate?
The United States Patent and Trademark Office (USPTO) has a specific procedure for notifying the public about the issuance of Ex Parte Reexamination Certificates. According to MPEP 2288: “A notice of the issuance of each ex parte reexamination certificate under this section will be published in the Official Gazette on its date of issuance.” This…
Read MoreAre ex parte reexamination files publicly accessible?
Yes, ex parte reexamination files are generally open to the public, but with some limitations. According to MPEP 2209: “(H) All reexamination and patent files are open to the public, but see paragraph (I) below;“ “(I) The reexamination file is scanned into IFW to provide an electronic format copy of the file. All public access…
Read MoreHow are properly filed submissions under 37 CFR 1.565(a) handled in ex parte reexamination?
When a submission is properly filed under 37 CFR 1.565(a) in an ex parte reexamination proceeding, the USPTO has a specific process for handling it. According to the MPEP: “Any proper submission pursuant to 37 CFR 1.565(a) will be promptly entered into the record of the reexamination file, and will be considered by the examiner…
Read MoreWhat are the requirements for a proper appeal in ex parte reexamination?
The requirements for a proper appeal in ex parte reexamination are similar to those in regular patent prosecution, with some specific considerations. According to MPEP 2273, “The normal ex parte appeal procedures set forth at 37 CFR 41.31 through 37 CFR 41.54 apply in ex parte reexamination, except as pointed out in this Chapter.” Key…
Read MoreIs proof of service required for documents filed in ex parte reexamination?
Yes, proof of service is required for certain documents filed in ex parte reexamination. MPEP 2252 states: “Any paper for which proof of service is required, which is filed without proof of service, may be denied consideration.” If proof of service is missing, the Central Reexamination Unit may inquire with the sender to verify if…
Read MoreHow is a reexamination of a reexamination processed?
A reexamination of a reexamination is processed according to specific guidelines, regardless of the type of reexamination involved. According to MPEP § 2695: “A reexamination of a reexamination is processed in accordance with the guidelines set forth in MPEP § 2295 regardless of whether the reexamination certificate was issued for an ex parte reexamination or…
Read MoreWhat is the process for issuing a Director-initiated reexamination order?
The process for issuing a Director-initiated reexamination order involves several steps and offices within the USPTO. As outlined in MPEP 2239: “If an order to reexamine is to be issued, the decision is prepared in OPLA in cooperation with the CRU or other appropriate Technology Center. The decision is signed by the Deputy Commissioner for…
Read MoreWhat is the process for concluding an ex parte reexamination proceeding?
What is the process for concluding an ex parte reexamination proceeding? The conclusion of an ex parte reexamination proceeding involves several steps as outlined in the MPEP: Issuance of a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) Addressing any amendments made in response to the NIRC Processing and publishing the reexamination certificate…
Read MoreWhat types of prior art can be used in an ex parte reexamination request?
In an ex parte reexamination request, the prior art that can be used is limited to: Prior art patents Printed publications The MPEP clearly states: “The prior art applied may only consist of prior art patents or printed publications.” This limitation is important to note, as other forms of prior art, such as public use…
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