Who can participate in interviews during ex parte reexamination proceedings?
Participation in interviews during ex parte reexamination proceedings is limited to specific parties. According to MPEP 2281: “Interviews in ex parte reexamination proceedings should be conducted with the parties set forth in MPEP § 2281.01.“ This typically includes: The examiner The patent owner (if represented, then with their attorney or agent) The third party requester…
Read MoreHow does an examiner’s use of official notice affect the burden of proof in patent examination?
How does an examiner’s use of official notice affect the burden of proof in patent examination? An examiner’s use of official notice can significantly impact the burden of proof in patent examination. Here’s how it affects the process: Initial burden on examiner: The examiner must provide a rationale for using official notice, explaining why the…
Read MoreHow are interviews conducted in ex parte reexamination proceedings?
Interviews in ex parte reexamination proceedings are conducted under specific guidelines. The MPEP 2254 states: “Interviews are permitted in an ex parte reexamination proceeding. In the ex parte reexamination proceeding, only ex parte interviews between the examiner and patent owner and/or the patent owner’s representative are permitted. Interviews between the examiner and the third party…
Read MoreWhat happens to jurisdiction during a remand?
When a case is remanded, the jurisdiction over the appeal is transferred from the Board of Patent Appeals and Interferences (BPAI) back to the examiner. MPEP 1211 states: “In any remand, jurisdiction over the appeal is transferred from the Board back to the examiner.” This transfer of jurisdiction allows the examiner to take further action…
Read MoreWhat should the examiner do if there is an error in the pre-printed prior application data on the bib-data sheet?
If there is an error in the pre-printed prior application data on the bib-data sheet: The examiner should require correction via a corrected or supplemental application data sheet or an amendment, if it was an applicant error. A petition for an unintentionally delayed benefit claim may also be required. If appropriate, the correction or entry…
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