What is the role of the Central Reexamination Unit (CRU) in ex parte reexamination proceedings?
The Central Reexamination Unit (CRU) plays a crucial role in ex parte reexamination proceedings. According to MPEP 2254: “The Central Reexamination Unit (CRU) is responsible for the examination and related prosecution in all ex parte reexamination proceedings.“ This means that the CRU handles the examination process, including reviewing prior art, assessing patentability, and conducting the…
Read MoreWhat is the role of the Central Reexamination Unit (CRU) in processing ex parte reexamination request corrections?
The Central Reexamination Unit (CRU) plays a crucial role in processing corrections to incomplete ex parte reexamination requests. According to the MPEP: “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 means…
Read MoreWhat happens if all claims are canceled in an ex parte reexamination?
What happens if all claims are canceled in an ex parte reexamination? If all claims are canceled in an ex parte reexamination, the proceeding concludes with a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC). The MPEP states: “If all claims are canceled in an ex parte reexamination proceeding, a NIRC will still…
Read MoreHow are canceled claims handled in the ex parte reexamination certificate?
Canceled claims are handled specifically in the ex parte reexamination certificate. The MPEP 2287 states: “Claims which were canceled will be replaced by a statement in the reexamination certificate that the claims were canceled.” This means that rather than simply omitting the canceled claims, the certificate explicitly acknowledges their cancellation. This approach ensures a clear…
Read MoreHow are canceled claims presented in an ex parte reexamination certificate?
Canceled claims in an ex parte reexamination certificate are presented in a specific manner: They are listed numerically in a single column Only the claim numbers are shown The text of the claims is not included According to MPEP 2290: “Any claim canceled as a result of the reexamination proceeding is listed in the certificate…
Read MoreCan a patent owner file an ex parte reexamination request?
Yes, a patent owner can file an ex parte reexamination request. The MPEP 2210 states: “If a request filed by the patent owner includes a proposed amendment in accordance with 37 CFR 1.530, excess claims fees under 37 CFR 1.20(c)(3) and (c)(4) may also apply.” This provision allows patent owners to proactively address potential patentability…
Read MoreHow are Board decisions treated in ex parte reexamination proceedings?
Board decisions in ex parte reexamination proceedings are treated similarly to those in regular patent applications. MPEP § 2277 specifies that: “MPEP § 1213 through § 1213.03 relate to decisions of the Board for both applications and ex parte reexamination proceedings.” This means that the procedures and guidelines outlined in these MPEP sections apply equally…
Read MoreWhat happens after a Board decision in an ex parte reexamination?
After a Board decision in an ex parte reexamination, the examiner follows procedures similar to those outlined in MPEP § 1214 through § 1214.07, with some exceptions specific to reexamination proceedings. The examiner’s actions depend on whether claims are allowed or rejected. As stated in the MPEP: Claims indicated as allowable but objected to prior…
Read MoreWhat is the basis for determining a “substantial new question of patentability” in ex parte reexamination?
The determination of a “substantial new question of patentability” under 35 U.S.C. 303(a) can be based on any prior art patents or printed publications. The MPEP states: “The determination under 35 U.S.C. 303(a) whether or not ‘a substantial new question of patentability’ is present can be based upon any prior art patents or printed publications.”…
Read MoreWhat is the basis for ex parte reexamination under 35 U.S.C. 257?
The basis for ex parte reexamination under 35 U.S.C. 257 is broader than that of standard ex parte reexaminations. According to MPEP 2823: “ex parte reexamination of any claim of the patent may be conducted on the basis of any item of information as set forth in 37 CFR 1.605, and is not limited to…
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