What happens if a reexamination is inadvertently assigned to the original examiner?
If a reexamination is inadvertently assigned to the original examiner without the required approval, the following steps apply: The patent owner or third party requester must promptly file a paper alerting the Office of this fact. This paper must be filed within two months of the first Office action or communication indicating the examiner assignment.…
Read MoreWhat happens if a reexamination is inadvertently assigned to an “original examiner”?
If a reexamination is inadvertently assigned to an “original examiner” without the required approval, parties have a limited time to object. The MPEP states, “Any paper notifying the Office of an assignment to an ‘original examiner’ must be filed within two months of the first Office action or other Office communication indicating the examiner assignment,…
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