How does the USPTO communicate with third-party requesters in inter partes reexamination?
The USPTO uses specific forms to communicate with third-party requesters in inter partes reexamination proceedings. According to MPEP 2696, the primary form for this purpose is: PTOL-2070: Transmittal of Communication to Third Party Requester – Inter Partes Reexamination This form ensures that third-party requesters receive relevant communications throughout the reexamination process, maintaining transparency and allowing…
Read MoreHow does the USPTO handle an untimely or inappropriate comment from a third party requester in inter partes reexamination?
According to MPEP 2666.10, if a third party requester files an untimely or inappropriate comment, notice of appeal, or brief in an inter partes reexamination, the USPTO will refuse consideration of the paper. Specifically: “If the third party requester files an untimely or inappropriate comment, notice of appeal or brief in an inter partes reexamination,…
Read MoreCan papers filed untimely in inter partes reexamination be considered later in the proceedings?
Yes, papers that were initially considered untimely and returned or expunged in inter partes reexamination can potentially be considered later in the proceedings. According to MPEP 2625: “If the submission of the returned/expunged papers is appropriate later in the proceedings, they may be filed, and accepted by the Office, at that time.” This provision allows…
Read MoreHow are unsigned papers handled in inter partes reexamination?
Unsigned papers in inter partes reexamination are generally denied consideration but retained in the file. According to MPEP 2667: “Papers filed by the patent owner which are unsigned, or signed by fewer than all of the patent owners where no attorney or agent is of record or acting in representative capacity, will be denied consideration,…
Read MoreWhat happens if excess claims fees are not paid in an inter partes reexamination?
If excess claims fees are not paid when required in an inter partes reexamination, the USPTO will issue a notice of fee deficiency. According to MPEP 2666.04: “If the excess claims fees required by 37 CFR 1.20(c)(3) and (c)(4) are not paid with the presentation of the excess claims, a notice of fee deficiency will…
Read MoreHow does the USPTO handle undelivered orders in inter partes reexamination?
The USPTO has a specific policy for handling undelivered orders in inter partes reexamination to ensure the process continues without unnecessary delays. According to MPEP 2654: “Reexamination will proceed even if the order is returned undelivered. As pointed out in MPEP § 2630, the notice under 37 CFR 1.11(c) is constructive notice to the patent…
Read MoreWhat happens to unauthorized papers filed during inter partes reexamination?
According to MPEP 2667, unauthorized papers filed during inter partes reexamination will not be considered and may be returned. As stated in the MPEP: “If an unauthorized paper is filed by any party at any time during the inter partes reexamination proceeding it will not be considered and may be returned.” If the paper has…
Read MoreWhat triggers intervening rights in inter partes reexamination?
Intervening rights in inter partes reexamination are triggered when a patent’s claims are amended or new claims are added during the reexamination process. The MPEP 2693 states: “Any proposed amended or new claim determined to be patentable and incorporated into a patent following an inter partes reexamination proceeding shall have the same effect as that…
Read MoreWhat triggers an order for inter partes reexamination?
An order for inter partes reexamination is triggered when the Director finds that a substantial new question of patentability (SNQ) affecting a claim of a patent is raised, or that there is a reasonable likelihood that the requester would prevail (RLP) with respect to at least one of the claims challenged in the request. As…
Read MoreHow is the timeliness of third party requester comments affected by service in inter partes reexamination?
The timeliness of third party requester comments in inter partes reexamination is directly affected by the service of the patent owner’s response. According to MPEP 2666.06: “35 U.S.C. 314(b)(2) mandates that, in order to be timely, a third party requester must file any written comments to the patent owner’s response (to an Office action on…
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