How does the automatic two-month extension work for responses to final rejections in reexamination?

In ex parte reexamination proceedings, an automatic two-month extension is granted for the first response to a final rejection. Key points include: The filing of a timely first response to a final rejection is construed as including a request to extend the shortened statutory period for an additional two months. This applies even if the…

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How does the examiner determine whether to issue an ACP or a final rejection in ex parte reexamination?

The examiner’s decision to issue an Action Closing Prosecution (ACP) or a final rejection in ex parte reexamination depends on specific criteria outlined in the MPEP. According to MPEP 2260: “If the patent owner’s response overcomes all rejections and objections, a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) should be issued. If…

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When should a Notice of Allowability be issued?

A Notice of Allowability should be issued promptly whenever an application has been placed in condition for allowance. The MPEP 1302.03 states: “In all instances, both before and after final rejection, in which an application is placed in condition for allowance, applicant should be notified promptly of allowability of the claims by a Notice of…

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When can an applicant petition against a final restriction requirement with linking claims?

An applicant has two options for petitioning against a final restriction requirement with linking claims: Petition immediately after the restriction is made final, without waiting for a final action on the merits of the linking claims. Defer the petition until after the linking claims have been finally rejected, but no later than the notice of…

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How are actions on amendments after final rejection handled in patent examination?

Actions on amendments submitted after final rejection are among the exceptions to partial signatory authority in patent examination. According to MPEP 1005, these actions require the signature of a primary examiner, Technology Center Director, or practice specialist. The specific guidance for handling such amendments is provided in MPEP § 714.12, which states: “Once a final…

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