Who can sign amendments and papers on behalf of patent owners in ex parte reexamination proceedings?
In ex parte reexamination proceedings, the MPEP specifies who can sign amendments and other papers on behalf of patent owners: “Amendments and other papers filed on behalf of patent owners must be signed by the patent owners, or the registered attorney or agent of record in the patent file, or any registered attorney or agent…
Read MoreHow does ex parte reexamination differ when ordered after supplemental examination?
Ex parte reexamination ordered after supplemental examination follows most existing rules for ex parte reexamination, but with two key differences. As outlined in MPEP 2818: “An ex parte reexamination ordered as a result of a supplemental examination proceeding will be conducted in accordance with the existing rules governing ex parte reexamination, except that: (i) the…
Read MoreWhat are the key differences between ex parte reexamination ordered under 35 U.S.C. 257 and 35 U.S.C. 302?
There are several key differences between ex parte reexamination ordered under 35 U.S.C. 257 (as a result of supplemental examination) and 35 U.S.C. 302: Patent owner’s statement rights Timing of patent amendments Basis for reexamination Scope of issues considered Definition of material information According to MPEP 2823: “Ex parte reexamination ordered under 35 U.S.C. 257,…
Read MoreWhat is the process for preparing a decision on a request for ex parte reexamination?
The process for preparing a decision on a request for ex parte reexamination involves several steps, as outlined in MPEP 2246: The reexamination file is reviewed in the Central Reexamination Unit (CRU) to ensure it’s ready for examination. The proceeding is assigned to an examiner. The examiner prepares for and sets up a panel review…
Read MoreHow does concurrent litigation affect ex parte reexamination proceedings?
Concurrent litigation can significantly impact ex parte reexamination proceedings. According to MPEP 2286, when a request for ex parte reexamination is filed as a result of a court order or an agreement sanctioned by a court, or when litigation is stayed for the filing of a reexamination request, “all aspects of the proceeding will be…
Read MoreWhat are the four ways ex parte reexamination proceedings can be concluded?
According to MPEP 2294, ex parte reexamination proceedings can be concluded in four ways: Denial of reexamination, vacating the reexamination proceeding, or terminating the reexamination proceeding Issuance of a Reexamination Certificate under 37 CFR 1.570(b) Merging with a reissue proceeding and granting a reissue patent under 37 CFR 1.570(e) Merging with an inter partes reexamination…
Read MoreHow are claim amendments marked up in ex parte reexamination?
How are claim amendments marked up in ex parte reexamination? In ex parte reexamination, claim amendments must be properly marked up to show changes. According to MPEP 2250: Deleted matter must be enclosed in brackets. Added matter must be underlined. For original patent claims, the claim number and status identifier must be included. New claims…
Read MoreHow are Ex Parte Reexamination Certificates numbered?
Ex Parte Reexamination Certificates are numbered using a specific system that includes both ordinal numbers and ‘kind codes’. The MPEP explains: The ex parte reexamination certificate number will always be the patent number of the original patent followed by a two-character “kind code” suffix. The first letter of the “kind code” suffix is “B” for…
Read MoreWhat information is included in the header of an ex parte reexamination certificate?
The header of an ex parte reexamination certificate includes several key pieces of information: The patent number of the original patent The reexamination request number The effective date of the certificate The patent owner’s name The text “Ex Parte Reexamination Certificate” The number of the certificate (e.g., “1st”) As stated in MPEP 2290: “The certificate…
Read MoreWhat happens if an ex parte reexamination certificate is not issued within 3 months?
According to MPEP 2288, if an ex parte reexamination certificate is not issued within 3 months from the day the patent owner’s statement (or the time for filing such a statement expires), the requester may seek court intervention. The MPEP states: “If the reexamination certificate is not issued within that period, the requester may seek…
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