What is the process for handling rebuttal briefs in inter partes reexamination?

The process for handling rebuttal briefs in inter partes reexamination involves several steps: The Board of Patent Appeals and Interferences (BPAI) determines compliance with 37 CFR 1.943(c) and 37 CFR 41.71. The Central Reexamination Unit (CRU) retains jurisdiction over the proceeding until a docketing notice is entered. The Board reviews the rebuttal brief and forwards…

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Who is responsible for determining compliance of rebuttal briefs in inter partes reexamination?

The responsibility for determining compliance of rebuttal briefs in inter partes reexamination lies with the Board of Patent Appeals and Interferences (BPAI). As stated in MPEP 2679: “As provided in MPEP § 2674, the sole responsibility for determining whether rebuttal briefs comply with 37 CFR 1.943(c) and 37 CFR 41.71 was delegated to the Board…

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What is the purpose of the statement applying prior art in an inter partes reexamination request?

The purpose of the statement applying prior art in an inter partes reexamination request is to explain how the cited prior art is applicable to the claims of the patent for which reexamination is requested. According to MPEP 2617: “The request must include a statement applying the cited prior art (the patents and printed publications)…

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What is the purpose of the “Notice of Inter Partes Reexamination Request Filing Date” in patent reexamination?

The “Notice of Inter Partes Reexamination Request Filing Date” serves several important purposes in the patent reexamination process: It officially acknowledges the receipt of a request for inter partes reexamination. It establishes the official filing date of the request. It informs the patent owner about the request for reexamination of their patent. According to MPEP…

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What is the purpose of citing prior art in an inter partes reexamination?

Citing prior art in an inter partes reexamination serves to bring relevant existing patents, publications, or other information to the attention of the USPTO during the reexamination process. This helps ensure that all pertinent information is considered when determining the patentability of the claims under review. According to MPEP 2602, “Citations by the patent owner…

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How is the Inter Partes Reexamination Certificate published?

The Inter Partes Reexamination Certificate is published by the USPTO to officially conclude the reexamination proceeding. According to MPEP 2688: “A notice of the issuance of each certificate under this section will be published in the Official Gazette.” The MPEP further clarifies that the notice is published on the date of issuance of the certificate…

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