How can I submit an ex parte reexamination request to the USPTO?
According to MPEP 2210, there are three ways to submit an ex parte reexamination request to the USPTO: Via mail Hand-delivery The Office’s Electronic Filing System (EFS, currently EFS-Web) For electronic submission: “Both registered and unregistered eFilers may submit a request for reexamination. A request for reexamination submitted via EFS must be submitted by selecting…
Read MoreHow can I pay the fee for an ex parte reexamination request?
How can I pay the fee for an ex parte reexamination request? The fee for an ex parte reexamination request can be paid through various methods accepted by the USPTO. According to MPEP 2215: “The fee for requesting ex parte reexamination may be paid by deposit account authorization, credit card, or electronic funds transfer (EFT)…
Read MoreWhat happens to untimely papers filed before the decision on an ex parte reexamination request?
Untimely papers filed before the decision on an ex parte reexamination request are subject to specific handling procedures. According to MPEP 2225: “Any papers directed to the merits of the reexamination other than those under 37 CFR 1.501 or 1.555, or MPEP § 2282, filed prior to the decision on the request will be returned…
Read MoreHow does an examiner handle new prior art citations during ex parte reexamination?
Examiners must carefully consider new prior art citations during ex parte reexamination. The process for handling these citations is outlined in MPEP 2260: “If a supplemental response is filed by the patent owner, the examiner may or may not find that the supplemental response should be entered and considered… If the supplemental response is not…
Read MoreWhat happens if an ex parte reexamination request is incomplete or the fee is not paid in full?
If an ex parte reexamination request is incomplete or the fee is not paid in full, the following occurs: The request is considered incomplete if: The appropriate filing fee (37 CFR 1.20(c)(1) or 37 CFR 1.20(c)(2)) and any applicable excess claim fees are not paid in full The request fails to meet all requirements of…
Read MoreHow are inappropriate or untimely papers handled in ex parte reexamination proceedings?
Inappropriate or untimely papers in ex parte reexamination proceedings are generally expunged from the official file. According to MPEP 2267, “Where papers are filed during reexamination proceedings which are inappropriate because of some defect, such papers will be expunged from the official file by marking the papers ‘closed’ and ‘non-public’.” If the paper has already…
Read MoreHow are defective papers handled in reexamination proceedings?
Defective papers in reexamination proceedings are generally retained in the reexamination file, but may be denied consideration. According to MPEP 2267, some types of defective papers include: Unsigned papers or papers signed by fewer than all owners Papers without required proof of service Untimely papers filed after the response period For example, “Papers filed by…
Read MoreWhat happens if an ex parte reexamination request is found to be defective?
What happens if an ex parte reexamination request is found to be defective? If an ex parte reexamination request is found to be defective during the initial screening process, specific procedures are followed. According to MPEP 2226: “If the request for ex parte reexamination is not in accordance with requirements of 37 CFR 1.510, the…
Read MoreWhat are the grounds for vacating an ex parte reexamination order?
An ex parte reexamination order may be vacated under rare and specific circumstances. According to MPEP 2246, “appropriate circumstances” for vacating an order under 37 CFR 1.181(a)(3) include: The reexamination order is not based on prior art patents or printed publications All claims of the patent were held invalid by a final federal court decision…
Read MoreWhat happens if a petition for reexamination is granted after initial denial?
If a petition for reexamination is granted after an initial denial, the process moves forward. According to MPEP 2248: “If the petition is granted, the decision of the CRU Director should include a sentence setting a two-month period for filing a statement under 37 CFR 1.530; the reexamination file will then be returned to the…
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