What is the Office policy regarding reexamination when there has been a federal court decision on the merits of a patent?
The Office policy regarding reexamination when there has been a federal court decision on the merits of a patent is outlined in MPEP § 2642 and MPEP § 2686.04. These sections provide guidance on how to handle requests for reexamination and the subsequent examination phase in such cases. According to MPEP § 2659, “Claims finally…
Read MoreHow are claims held invalid by a federal court treated in reexamination proceedings?
Claims that have been finally held invalid by a federal court, after all appeals have been exhausted, are treated differently in reexamination proceedings. According to MPEP § 2659: “Claims finally held invalid by a federal court, after all appeals, will be withdrawn from consideration and not reexamined during a reexamination proceeding.” This means that if…
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