What happens if a reissue patent is granted during a pending reexamination proceeding?
When a reissue patent is granted during a pending reexamination proceeding, the reexamination will be based on the claims of the reissue patent. The MPEP states: If a reissue patent issues on the patent under reexamination after reexamination is ordered, the next action from the examiner in the reexamination should point out that further proceedings…
Read MoreHow does an examiner notify parties of defective papers in ex parte reexamination?
In ex parte reexamination, examiners use specific forms to notify parties of defective papers: Form PTOL-475: Used for third-party requested ex parte reexaminations Form PTO-2311: Used for patent owner requested ex parte reexaminations (including reexaminations ordered under 35 U.S.C. 257) or Director ordered ex parte reexaminations The MPEP states: “Where a submission made prior to…
Read MoreWhat types of information might the Board notify an examiner about in related files?
The Board of Patent Appeals and Interferences (BPAI) may notify examiners about various types of information relevant to related patent applications. According to MPEP 2307.05, the Board typically notifies examiners of: Party admissions: Statements made by parties during proceedings that may be relevant to the examination of related cases. Prior art: Information about existing inventions…
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