Who is responsible for assigning supplemental examination requests to examiners?

Within the assigned art unit of the Central Reexamination Unit (CRU), the Supervisory Patent Examiner (SPE) is responsible for assigning supplemental examination requests to examiners. The MPEP states, In that art unit, the CRU Supervisory Patent Examiner (SPE) will assign the request to a primary examiner, other than the examiner who originally examined the patent…

Read More

Who assigns reexamination requests in the USPTO?

Reexamination requests are typically assigned by the Supervisory Patent Reexamination Specialist (SPRS) in the Central Reexamination Unit (CRU). As stated in the MPEP, Except for reexamination requests for design patents, reexamination requests are assigned to the Central Reexamination Unit (CRU) art unit which examines the technology (Chemical, Electrical, Mechanical, etc.) in which the patent to…

Read More

How are reexamination requests handled when there’s a pending reissue application?

When a reissue application is pending and a reexamination request is filed for the same patent, the handling process depends on whether reexamination has been ordered: If reexamination has been ordered: The Office of Patent Legal Administration (OPLA) should be notified for merger consideration. If merged, the reissue is generally assigned to the examiner who…

Read More

How are potentially interfering patent applications assigned to examiners?

According to MPEP 2304.01(b), applications that are believed to interfere should typically be assigned to the same examiner. The section states: “Ordinarily applications that are believed to interfere should be assigned to the same examiner.” This practice ensures consistency in the examination process for potentially interfering applications. To learn more: Patent Interference Examiner Assignment USPTO…

Read More

Can the original examiner of a patent application be assigned to its supplemental examination?

No, the original examiner of a patent application cannot be assigned to its supplemental examination. The MPEP explicitly states that the Supervisory Patent Examiner (SPE) will assign the request to a primary examiner, other than the examiner who originally examined the patent application. This policy ensures a fresh perspective and helps maintain the integrity of…

Read More

What factors does the USPTO’s automated routing system consider when assigning patent applications to examiners?

The USPTO’s automated routing system considers several factors when assigning patent applications to examiners, as described in MPEP 909.01(b). These factors include: CPC classifications of the application Examiner portfolios (classification areas assigned to the examiner) Size of an examiner’s docket Case backlogs within a particular classification area Application’s status as a continuation or divisional application…

Read More

How are new patent applications assigned to examiners under the CPC system?

New patent applications are assigned to examiners using an automated routing system based on the CPC classifications. MPEP 909.01(a) states: “New nonprovisional utility applications are assigned directly to individual examiners by an automated routing system that uses the CPC symbols on an application to determine the best available examiner to work on that individual application.”…

Read More

What is the process for transferring design patent applications between examiners or art units?

The process for transferring design patent applications between examiners or art units in Technology Center (TC) 2900 involves the following steps: The originating examiner determines the proposed classification of the application. The originating examiner emails the receiving examiner with a full explanation for the proposed classification change. If the receiving examiner has the authority, they…

Read More

What is the purpose of assigning an examiner to a new patent application?

Assigning an examiner to a new patent application is a crucial step in the patent examination process. The purpose of this assignment is to: Ensure that each application is reviewed by a qualified expert in the relevant technical field. Distribute the workload among examiners efficiently. Establish accountability for the examination of each application. Facilitate communication…

Read More