What happens if a petition for reexamination is granted after initial denial?
If a petition for reexamination is granted after an initial denial, the process moves forward. According to MPEP 2248: “If the petition is granted, the decision of the CRU Director should include a sentence setting a two-month period for filing a statement under 37 CFR 1.530; the reexamination file will then be returned to the…
Read MoreWhat happens if a petition for inter partes reexamination is granted?
If a petition for inter partes reexamination is granted, the following steps occur according to MPEP 2648: The CRU Director signs the decision granting the petition. The decision includes a statement that an Office action will be mailed in due course. The reexamination file is forwarded to the CRU support staff for processing and mailing…
Read MoreWhat happens if a petition to designate a new ground of rejection is granted?
If a petition to designate a new ground of rejection is granted, the following occurs: The appellant is given a two-month time period to file a reply under 37 CFR 1.111 to reopen prosecution before the primary examiner. No corrected examiner’s answer is provided. The appellant may present amendments, evidence, and/or arguments directed to other…
Read MoreWhat happens if an expungement petition is granted?
If an expungement petition is granted, the USPTO will take action to remove the erroneous assignment record. As stated in MPEP 323.01(d): ‘The assignment records related to a request for expungement will be expunged, deleted or corrected in accordance with the decision on the petition.’ This means that the incorrect or unnecessary information will be…
Read More