Which MPEP chapters discuss reexamination procedures?
The MPEP discusses reexamination procedures in two chapters: MPEP Chapter 2200 covers ex parte reexamination MPEP Chapter 2600 covers inter partes reexamination requests (for those filed before September 16, 2012) As stated in MPEP 1400.01: “The fourth way (reexamination) is discussed in MPEP Chapter 2200 for ex parte reexamination and MPEP Chapter 2600 for inter…
Read MoreHow does the USPTO handle reissue applications merged with ex parte reexamination proceedings when there is concurrent litigation?
When a reissue application is merged with an ex parte reexamination proceeding and there is concurrent litigation, the merged proceeding will not be stayed. The MPEP provides clear guidance on this matter: “Thus, where a reissue application has been merged with an ex parte reexamination proceeding, the merged proceeding will not be stayed where there…
Read MoreHow does the jurisdiction change after a PTAB decision?
After a Patent Trial and Appeal Board (PTAB) decision, there is a significant change in jurisdiction over the application or patent: MPEP 1214 states: “After decision by the Board, jurisdiction over an application or patent under ex parte reexamination proceeding passes to the examiner, subject to appellant’s right of appeal or other review, for such…
Read MoreIs there a fee for filing an appeal brief?
As of March 19, 2013, there is no fee for filing an appeal brief in patent applications or ex parte reexamination proceedings. The MPEP 1205.01 states: “Effective March 19, 2013, the statutory fee for filing an appeal brief was adjusted to $0. As long as the fee under 37 CFR 41.20(b)(2) remains $0, the appeal…
Read MoreCan the time period for filing a rehearing request be extended?
The time period for filing a rehearing request is generally limited, but there are specific circumstances under which it can be extended. According to MPEP 1214.03: “The 2-month period provided by 37 CFR 41.52(a) for filing a request for rehearing can only be extended under the provisions of 37 CFR 1.136(b) or under 37 CFR…
Read MoreCan the time for filing an appeal brief be extended?
Yes, the time for filing an appeal brief can be extended. According to MPEP 1205.01: “This 2-month time period for a patent application may be extended under 37 CFR 1.136(a), and if 37 CFR 1.136(a) is not available, under 37 CFR 1.136(b) for extraordinary circumstances.” For patent applications, extensions can be requested under 37 CFR…
Read MoreHow can I request an extension of time in an ex parte reexamination proceeding?
To request an extension of time in an ex parte reexamination proceeding, you need to file a petition under 37 CFR 1.550(c). The MPEP states: “Petitions under 37 CFR 1.550(c) for an extension of time in ex parte reexamination proceedings (further delegated to SPRS).” This means that: The petition should be filed citing 37 CFR…
Read MoreWhat petitions are decided by the Director of the Central Reexamination Unit (CRU)?
The Director of the Central Reexamination Unit (CRU) decides on several types of petitions related to ex parte and inter partes reexamination proceedings. According to MPEP 1002.02(c)(4), these include: Petitions for extension of time in ex parte and inter partes reexamination proceedings, except those related to court actions Petitions under 37 CFR 1.182 and 1.183…
Read MoreWhat happens if an appeal brief is not filed within the required time?
If an appeal brief is not filed within the required time, the appeal will ordinarily be dismissed. According to MPEP 1205.01: “The appeal ordinarily will be dismissed if the brief is not filed within the period provided by 37 CFR 41.37(a) or within such additional time as may be properly extended.” However, the consequences depend…
Read MoreHow can the Chief Administrative Patent Judge address issues related to substantial new questions of patentability in ex parte reexaminations?
The Chief Administrative Patent Judge has the authority to address issues related to substantial new questions of patentability in ex parte reexaminations. According to MPEP 1002.02(f): “If raised properly during ex parte reexamination and in a subsequent appeal, issues relating to an examiner’s determination that a reference raises a substantial new question of patentability. See…
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