How does the USPTO handle submissions from foreign courts?
The United States Patent and Trademark Office (USPTO) has specific guidelines for handling submissions from foreign courts. According to MPEP 2207: “It is to be further noted that 35 U.S.C. 290 is directed to ‘courts of the United States.’ Accordingly, any submission of papers from a court outside the United States (a foreign jurisdiction) will…
Read MoreHow are patents involved in litigation handled during reexamination proceedings?
When patents involved in litigation are undergoing reexamination proceedings, the USPTO has specific guidelines for handling these cases. According to MPEP 2207, there are different procedures depending on the type of reexamination: For ex parte reexamination: Refer to MPEP § 2240 and MPEP § 2242 For inter partes reexamination: Refer to MPEP § 2640 and…
Read MoreWhat limitations are placed on submissions to patent files regarding court decisions?
The USPTO places several limitations on submissions to patent files regarding court decisions and related documents. According to MPEP 2207, these limitations include: Non-merit decisions (e.g., on motions for a new venue or discovery date) are not entered and may be expunged if mistakenly added. Papers providing a party’s arguments (e.g., a memorandum supporting summary…
Read MoreWhat is the process for entering court decisions into a patent file?
The process for entering court decisions into a patent file involves several steps and parties within the U.S. Patent and Trademark Office (USPTO). According to MPEP 2207: The Solicitor’s Office processes notices required by 35 U.S.C. 290 received from clerks of various U.S. courts. These notices are entered into the patent file. The USPTO also…
Read MoreWhat types of court decisions can be entered into a patent file?
The U.S. Patent and Trademark Office (USPTO) accepts various types of court decisions for entry into patent files. According to MPEP 2207, these include: Final court decisions (even if still appealable) Decisions to vacate Decisions to remand Decisions on the merits of patent claims The MPEP states: The decisions from litigation or other proceedings include…
Read MoreCan parties submit copies of copending reexamination proceedings to a patent file?
No, parties are not permitted to submit copies of copending reexamination proceedings or applications to a patent file. The MPEP 2207 clearly states: “It is not required nor is it permitted that parties submit copies of copending reexamination proceedings and applications (which copies can be mistaken for a new request/filing); rather, submitters may provide a…
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