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…
Read MoreWho 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…
Read MoreWhat certification is required for a rebuttal brief in inter partes reexamination?
According to MPEP 2678, which cites 37 CFR 41.71(d), a specific certification is required for a rebuttal brief in inter partes reexamination: “The rebuttal brief must include a certification that a copy of the rebuttal brief has been served in its entirety on all other parties to the proceeding. The names and addresses of the…
Read MoreWhat 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)…
Read MoreWhat 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…
Read MoreWhat is the purpose of listing prior art in an inter partes reexamination?
The purpose of listing prior art in an inter partes reexamination is to ensure that all relevant prior art is considered during the reexamination process. According to MPEP 2657: “The reexamination request must provide a list of all prior art patents or printed publications (other than those already cited in the patent) that are relied…
Read MoreWhat 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…
Read MoreHow 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…
Read MoreAre oral hearings in inter partes reexamination appeals open to the public?
Generally, oral hearings in inter partes reexamination appeals are open to the public as observers, subject to the Board’s admittance procedures. However, there is a process by which a hearing can be closed to the public. According to MPEP 2680: “Where the appeal involves reexamination proceedings, oral hearings are open to the public as observers…
Read MoreHow are inter partes reexamination files made accessible to the public?
Inter partes reexamination files are generally accessible to the public, with certain provisions for electronic access. The MPEP 2609 provides the following information: The reexamination file is scanned to provide an electronic copy of the file, which is the Official file of the proceeding. All public access to and copying of reexamination proceedings may be…
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