What happens to unauthorized papers filed during inter partes reexamination?
According to MPEP 2667, unauthorized papers filed during inter partes reexamination will not be considered and may be returned. As stated in the MPEP: “If an unauthorized paper is filed by any party at any time during the inter partes reexamination proceeding it will not be considered and may be returned.” If the paper has…
Read MoreHow are premature comments by third party requesters handled in inter partes reexamination?
Premature comments by third party requesters in inter partes reexamination are not considered and will be expunged. According to MPEP 2667: “Any comments filed by a third party requester subsequent to the request for reexamination (i.e., not part of it) and prior to the first Office action is premature and will not be considered, and…
Read MoreWhat happens to premature responses by patent owners in reexamination proceedings?
Premature responses by patent owners in reexamination proceedings are not considered and are expunged from the file. According to MPEP 2267: “Where the patent owner is NOT the requester, any response or amendment filed by owner prior to an order to reexamine is premature, will not be considered, and will be expunged.” This rule is…
Read MoreHow are premature responses by patent owners handled in inter partes reexamination?
Premature responses by patent owners in inter partes reexamination are not considered and will be expunged. According to MPEP 2667: “Any response/comments as to materials of record or any amendment filed by the patent owner prior to the first Office action is premature and will not be considered, and will be expunged.” This is based…
Read MoreHow are late responses by requesters handled in reexamination proceedings?
Late responses by requesters in reexamination proceedings are not considered and are expunged from the file. According to MPEP 2267: “Any response subsequent to 2 months from the date of service of the patent owner’s statement will not be considered, and will be expunged.” This rule is based on 37 CFR 1.535 and 37 CFR…
Read MoreWhat happens to untimely papers filed before the decision on an ex parte reexamination request?
Untimely papers filed before the decision on an ex parte reexamination request are subject to specific handling procedures. According to MPEP 2225: “Any papers directed to the merits of the reexamination other than those under 37 CFR 1.501 or 1.555, or MPEP § 2282, filed prior to the decision on the request will be returned…
Read MoreHow are inappropriate or untimely papers handled in ex parte reexamination proceedings?
Inappropriate or untimely papers in ex parte reexamination proceedings are generally expunged from the official file. According to MPEP 2267, “Where papers are filed during reexamination proceedings which are inappropriate because of some defect, such papers will be expunged from the official file by marking the papers ‘closed’ and ‘non-public’.” If the paper has already…
Read MoreWhat happens if a third party requester submits improper comments in inter partes reexamination?
If a third party requester submits improper comments in inter partes reexamination, the examiner will take specific actions. The MPEP states: “If the written comments are improper, the examiner should return the written comments (the entire paper) with an explanation of what is not proper; if the comments have been scanned into the Image File…
Read MoreWhat is the process for expunging confidential information from patent term extension applications?
The process for expunging confidential information from patent term extension applications is outlined in MPEP 2760. The key points are: “Otherwise, if a suitable petition to expunge is filed before the issuance of the certificate, the trade secret or confidential information will be expunged from the file and returned to the patent term extension applicant.”…
Read MoreWhat types of papers are typically expunged in reexamination proceedings?
Several types of papers are typically expunged in reexamination proceedings, including: Premature responses by patent owners (MPEP 2267) Papers submitted on behalf of third parties Untimely responses by requesters Additional responses by requesters after their participation has ended Third-party submissions that don’t meet specific criteria For example, the MPEP states: “Where the patent owner is…
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