Where can I find guidance on the former inter partes reexamination practice?
Guidance on the former inter partes reexamination practice can be found in two main sources: Revision 7 of the 8th Edition of the MPEP The Federal Register notice titled “Revision of Standard for Granting an Inter Partes Reexamination Request,” published on September 23, 2011 As stated in MPEP 2611, “Guidance on the former practice is…
Read MoreWhat happens if a petition for inter partes reexamination is granted?
If a petition for inter partes reexamination is granted, the following steps occur according to MPEP 2648: The CRU Director signs the decision granting the petition. The decision includes a statement that an Office action will be mailed in due course. The reexamination file is forwarded to the CRU support staff for processing and mailing…
Read MoreWhere can I find information about the former inter partes reexamination practice?
If you’re looking for information about the former inter partes reexamination practice, you can refer to the 9th Edition of the Manual of Patent Examining Procedure (MPEP). As stated in MPEP 2631, “Guidance on the former practice is available in the 9th Edition of the MPEP.“ It’s important to note that this information is now…
Read MoreWhere can I find guidance on the former practice of inter partes reexamination?
For those seeking information on the former practice of inter partes reexamination, the MPEP provides two key resources: Revision 7 of the 8th Edition of the MPEP The Federal Register notice titled “Revision of Standard for Granting an Inter Partes Reexamination Request”, published on September 23, 2011 These resources provide comprehensive information on how inter…
Read MoreWhat are the formatting requirements for an inter partes reexamination request?
The formatting requirements for an inter partes reexamination request are specified in MPEP 2614 and include: The request must be in writing. All pages should be numbered consecutively. The text must be double-spaced, except for headings, signature blocks, and tables. Margins should be at least one inch on all sides. Font size should be at…
Read MoreWhat is the typical timing for the first Office action in an inter partes reexamination?
According to MPEP 2660, the first Office action on the merits is usually mailed together with the order granting reexamination. The MPEP states: “The first Office action on the merits will ordinarily be mailed together with the order granting reexamination.” However, there are exceptions to this general practice. If it’s not possible to include the…
Read MoreWhen should the examiner’s first Office action be mailed in an inter partes reexamination?
In an inter partes reexamination, the examiner’s first Office action on the merits should typically be mailed together with the order for reexamination. This practice is designed to expedite the process and adhere to the “special dispatch” requirement. As stated in MPEP 2661: “In order to further the requirement for special dispatch, the examiner’s first…
Read MoreWhat should the first Office action in inter partes reexamination include?
The first Office action in inter partes reexamination should be comprehensive and address all relevant issues. According to MPEP 2660, it should include: A clear statement of each ground of rejection and/or objection, with supporting reasons Determinations favorable to patentability of claims, with comprehensive reasons Responses to each argument raised in the reexamination request Any…
Read MoreWhat is the effect of a final court decision on an inter partes reexamination?
A final court decision can have significant effects on an inter partes reexamination: If a final court decision holds claims invalid, those claims will typically be withdrawn from the reexamination. If all claims being examined are held invalid, the reexamination may be terminated. A final court decision upholding validity may lead to termination of the…
Read MoreHow are fees processed in an inter partes reexamination proceeding?
In an inter partes reexamination proceeding, all fees are processed by a specific unit within the USPTO. The MPEP states: All fees in an inter partes reexamination proceeding (including the fee for filing the request for inter partes reexamination (see MPEP § 2615)) are processed by the Central Reexamination Unit (CRU). The processing of these…
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