How does the USPTO handle inadvertent omissions in a patent owner’s response during inter partes reexamination?

The USPTO recognizes that sometimes a patent owner’s response may inadvertently omit certain matters or requirements while still being a bona fide attempt to respond and advance prosecution. In such cases, the USPTO may provide an opportunity for the patent owner to address the omission. According to MPEP 2666.10: “When action by the patent owner…

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What is incorporation by reference under 37 CFR 1.57(b)?

Incorporation by reference under 37 CFR 1.57(b) is a provision that allows applicants to add inadvertently omitted material to a patent application if certain conditions are met. Specifically: The application must contain a priority or benefit claim to a prior-filed application The omitted material must be completely contained in that prior-filed application The omission must…

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