What is the role of the Central Reexamination Unit (CRU) technical support staff in inter partes reexamination?
The Central Reexamination Unit (CRU) technical support staff plays a crucial role in the clerical handling and processing of inter partes reexamination cases. Their responsibilities include: Performing all PALM (Patent Application Locating and Monitoring) matters for the case Processing and mailing decisions and Office actions to the patent owner and third party requester(s) Mailing copies…
Read MoreWhen does the Central Reexamination Unit (CRU) retain jurisdiction in inter partes reexamination?
The Central Reexamination Unit (CRU) retains jurisdiction over the inter partes reexamination proceeding until specific conditions are met. According to MPEP 2679: “jurisdiction over the inter partes reexamination proceeding (i.e., to consider briefs, conduct an appeal conference, draft an examiner’s answer, and decide the entry of amendments, evidence, and information disclosure statements filed after the…
Read MoreWho reviews the petition for a denied inter partes reexamination request?
According to MPEP 2648, the review process for a petition from a denied inter partes reexamination request is as follows: The petition, along with the reexamination file, is forwarded to the office of the Central Reexamination Unit (CRU) Director. The CRU Director conducts a de novo review of the examiner’s determination. The CRU Director’s decision…
Read MoreHow is correspondence handled for a third party requester in inter partes reexamination?
Correspondence for a third party requester in inter partes reexamination is typically addressed to the representative of the requester. According to MPEP 2613: “All correspondence for a third party requester is addressed to the representative of the requester, unless a specific indication is made to forward correspondence to another address.” This means that the USPTO…
Read MoreHow are patent drawings corrected in inter partes reexamination?
In inter partes reexamination, patent drawings are corrected in the same manner as in ex parte reexamination. The process is outlined in 37 CFR 1.530(d)(3), which states: “Any change to the patent drawings must be submitted as a sketch on a separate paper showing the proposed changes in red for approval by the examiner. Upon…
Read MoreCan inventorship be corrected during inter partes reexamination?
Yes, inventorship can be corrected during inter partes reexamination. The MPEP provides guidance on this matter: “Correction of inventorship may also be made during reexamination. See 37 CFR 1.324 and MPEP § 1481 for petition for correction of inventorship in a patent.” However, the process for correction is slightly different in reexamination: “If a petition…
Read MoreWhat happens if a notice of appeal or cross appeal is defective in inter partes reexamination?
If a notice of appeal or cross appeal is timely filed but defective in inter partes reexamination, the party is given one opportunity to correct the defect. According to MPEP 2674: “Where a notice of appeal or notice of cross appeal is timely filed but is defective, e.g., missing fee or missing portion of the…
Read MoreWhat should be included in an Action Closing Prosecution (ACP)?
An Action Closing Prosecution (ACP) in an inter partes reexamination should include several key elements. According to MPEP 2671.02, the content of an ACP should: Address all issues related to patents or printed publications Clearly set forth each rejection proposed by the third party requester that the examiner refuses to adopt Provide reasons why rejected…
Read MoreWhat are the consequences of violating the duty of disclosure in inter partes reexamination?
The consequences of violating the duty of disclosure in inter partes reexamination can be severe. According to the MPEP 2684: “Any fraud practiced or attempted on the Office or any violation of the duty of disclosure through bad faith or intentional misconduct results in noncompliance with 37 CFR 1.555(a).“ While the specific consequences are not…
Read MoreWhat happens if defects in inter partes reexamination submissions are not corrected?
If defects in inter partes reexamination submissions are not corrected in response to the notice, the submission will not be entered. For patent owners, failure to file a timely and appropriate response may result in termination or limitation of the reexamination proceeding. According to the MPEP 2666.50: “If, in response to the notice, the defect…
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