What are the fees for adding claims in an inter partes reexamination?
The fees for adding claims in an inter partes reexamination vary based on the type of claim and the entity status of the patent owner. According to MPEP 2666.04, the fees are as follows: For each independent claim in excess of three and also in excess of the number of independent claims in the patent…
Read MoreCan I submit inter partes reexamination requests or documents via fax or EFS-Web?
The rules for submitting inter partes reexamination documents vary depending on the type of document: Requests for inter partes reexamination: Cannot be sent by facsimile transmission (FAX). As stated in the MPEP, A request for inter partes reexamination may not be sent by facsimile transmission (FAX). See 37 CFR 1.6(d)(5). Subsequent correspondence: May be FAXed…
Read MoreWhen did the USPTO stop accepting inter partes reexamination requests?
The United States Patent and Trademark Office (USPTO) stopped accepting inter partes reexamination requests on September 16, 2012. This is clearly stated in MPEP 2631: “No requests for inter partes reexamination may be filed on or after September 16, 2012.“ This change was implemented as part of the America Invents Act (AIA), which introduced new…
Read MoreWhat happened to inter partes reexamination requests?
Inter partes reexamination requests are no longer accepted as of September 16, 2012. The Manual of Patent Examining Procedure (MPEP) Section 2626 states: “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This change was part of the America Invents Act, which replaced inter partes reexamination with inter partes…
Read MoreWhat is the timeframe for the Director to make a determination on an inter partes reexamination request?
According to 35 U.S.C. 312, the Director must make a determination on an inter partes reexamination request within 3 months of the filing date. The MPEP states: “35 U.S.C. 312 requires that the Director of the Office determine whether or not a ‘substantial new question of patentability’ affecting any claim of the patent of which…
Read MoreWhat is the time frame for issuing a decision on inter partes reexamination?
What is the time frame for issuing a decision on inter partes reexamination? According to MPEP 2646, the Office must issue a decision on inter partes reexamination within three months following the filing date of a request. The MPEP states: “35 U.S.C. 312 and 313 require that the PTO determine whether or not to order…
Read MoreWhat is the deadline for the Director to decide on an inter partes reexamination request?
The Director has a specific timeframe to make a decision on an inter partes reexamination request. According to MPEP 2640: “The reexamination proceeding is instituted by the Director within 3 months following the filing date of a request for reexamination.” This 3-month deadline ensures that decisions on reexamination requests are made in a timely manner,…
Read MoreHow are decisions on inter partes reexamination requests communicated?
Decisions on inter partes reexamination requests are communicated through formal office actions issued by the USPTO. These decisions typically include: A clear statement granting or denying the reexamination request An explanation of the reasoning behind the decision Identification of claims to be reexamined (if granted) Instructions for further correspondence The MPEP provides example decision formats,…
Read MoreWhen was the deadline for filing inter partes reexamination requests?
The deadline for filing inter partes reexamination requests was September 15, 2012. According to MPEP 2641, “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This means that the last day to file such requests was September 15, 2012. To learn more: inter partes reexamination filing deadline patent procedure…
Read MoreWhat are the submission methods for inter partes reexamination correspondence?
The MPEP outlines several methods for submitting correspondence in inter partes reexamination proceedings: Electronic Filing System (EFS-Web): Registered users may submit via the electronic filing system EFS-Web, at https://efs.uspto.gov/efile/myportal/efs-registered Mail: Mail Stop Inter Partes Reexam, Attn: Central Reexamination Unit, Commissioner for Patents, United States Patent & Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450 Fax:…
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