What is the Office policy regarding reexamination when there has been a federal court decision on the merits of a patent?
The Office policy regarding reexamination when there has been a federal court decision on the merits of a patent is outlined in MPEP § 2642 and MPEP § 2686.04. These sections provide guidance on how to handle requests for reexamination and the subsequent examination phase in such cases. According to MPEP § 2659, “Claims finally…
Read MoreHow does the USPTO treat claims held “not invalid” by a federal court in reexamination?
The USPTO may still reexamine claims that have been held “not invalid” by a federal court. According to MPEP § 2259: “Claims finally held as ‘not invalid’ by a federal court, after all appeals, may still be subject to reexamination.” This means that even if a court has upheld the validity of certain claims, the…
Read MoreWhat is the impact of federal court decisions on reexamination proceedings?
Federal court decisions can significantly impact reexamination proceedings. According to MPEP § 2259: Claims held invalid: “Claims finally held invalid by a federal court, after all appeals, will be withdrawn from consideration and not reexamined during a reexamination proceeding.” Claims held not invalid: “Claims finally held as ‘not invalid’ by a federal court, after all…
Read MoreHow are claims held invalid by a federal court treated in reexamination proceedings?
Claims that have been finally held invalid by a federal court, after all appeals have been exhausted, are treated differently in reexamination proceedings. According to MPEP § 2659: “Claims finally held invalid by a federal court, after all appeals, will be withdrawn from consideration and not reexamined during a reexamination proceeding.” This means that if…
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