Can a reexamination proceeding itself be involved in an interference?
No, a reexamination proceeding itself cannot be involved in an interference proceeding. The MPEP clearly states: “Although a patent being reexamined via a reexamination proceeding may become involved in an interference proceeding, the reexamination proceeding itself can never be involved in an interference proceeding.“ This is based on the language of 35 U.S.C. 135(a), which…
Read MoreWhat are the reasons for filing a petition for stay in a patent term extension application?
Patent owners may file a petition for stay in a patent term extension application when there are unresolved issues relating to the patent that need to be addressed before the extension can be granted. MPEP 2765 states: “Such issues could include, but are not limited to, involvement in an interference, an appeal of a trial…
Read MoreWhat are the reasons for patent term extension under former 35 U.S.C. 154(b)?
Under former 35 U.S.C. 154(b), as referenced in MPEP 2720, there are three main reasons for patent term extension: Interference or derivation proceedings under 35 U.S.C. 135(a) The application being placed under a secrecy order under 35 U.S.C. 181 Appellate review by the Patent Trial and Appeal Board or by a Federal court under 35…
Read MoreWhat is the purpose of a count in an interference proceeding?
The purpose of a count in an interference proceeding is to define the scope of the interfering subject matter between competing parties. According to MPEP 2304.02(b): “A count defines the interfering subject matter between two or more applications or between one or more applications and one or more patents.” The count serves as a basis…
Read MoreHow does the USPTO handle attempts to provoke an interference with a patent under reexamination?
When an applicant attempts to provoke an interference with a patent that is undergoing reexamination, the USPTO follows a specific procedure: The applicant must comply with 37 CFR 41.202(a), including identifying the patent under reexamination. The application claims may be rejected on any applicable ground, including prior art cited in the reexamination. Prosecution of the…
Read MoreWhat is pre-AIA 35 U.S.C. 102(g) and how does it affect patent applications?
Pre-AIA 35 U.S.C. 102(g) is a provision in patent law that bars the issuance of a patent when another inventor made the same invention in the United States before the applicant and had not abandoned, suppressed, or concealed it. This section primarily applies to patent applications filed before March 16, 2013, which are not subject…
Read MoreHow does MPEP 1901.02 address information about potential interferences in protests?
MPEP 1901.02 specifically mentions that information about potential interferences can be included in a protest. The section states: “Information which can be relied on in a protest… includes information about other applications or patents which might result in double patenting or a Patent Office interference proceeding.” This means that if a protestor is aware of…
Read MoreWhat happens to an application after an interference proceeding ends?
After an interference proceeding ends, jurisdiction over the application returns to the patent examiner. The examiner’s actions depend on whether there are recommendations in the interference judgment: If there are recommendations, the examiner must reopen prosecution to consider them. If there are no recommendations, the examiner should update the search and may choose to reopen…
Read MoreHow is the period of delay calculated for patent term extension under 37 CFR 1.701?
The period of delay for patent term extension under 37 CFR 1.701 is calculated based on the specific reasons for delay. According to MPEP 2720: For interference or derivation proceedings: The number of days from the date the proceeding was instituted to the date it was terminated with respect to the application. For secrecy orders:…
Read MoreHow are patent term adjustments affected by interferences?
Patent term adjustments related to interferences are addressed in MPEP 2303. The section states: “Patent term adjustments may be available for patents whose issuance has been delayed for an interference. See pre-AIA 35 U.S.C. 154(b)(1)(C)(i).“ This means that if a patent’s issuance is delayed due to an interference proceeding, the patentee may be eligible for…
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