What is the process for handling dependent claims in ex parte reexamination?
Dependent claims in ex parte reexamination are handled with specific considerations. The MPEP 2287 provides guidance: “If the patent owner presents a number of dependent claims to be examined, all dependent claims may be listed on the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) by using the claim number with the status…
Read MoreWhat happens if the patent owner fails to complete their response in inter partes reexamination?
If the patent owner fails to complete their response within the allotted time in inter partes reexamination, the consequences can be severe. According to MPEP 2666.40: “If the patent owner fails to timely complete the response, the prosecution of the reexamination proceeding will be terminated, and a Notice of Intent to Issue Inter Partes Reexamination…
Read MoreWhat is the role of the Central Reexamination Unit (CRU) in concluded reexamination proceedings?
The Central Reexamination Unit (CRU) plays a crucial role in handling concluded reexamination proceedings, as outlined in MPEP 2694. The CRU’s responsibilities include: Processing files for denied or vacated reexaminations to provide partial refunds. Assigning appropriate status codes to reexamination files (e.g., 820 for denied or terminated, 822 for vacated). Reviewing files for reexamination proceedings…
Read MoreWhat happens if all claims are canceled in an ex parte reexamination?
What happens if all claims are canceled in an ex parte reexamination? If all claims are canceled in an ex parte reexamination, the proceeding concludes with a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC). The MPEP states: “If all claims are canceled in an ex parte reexamination proceeding, a NIRC will still…
Read MoreCan amendments be made after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC)?
Can amendments be made after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC)? Yes, limited amendments can be made after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) is issued. The MPEP provides specific guidance on this: “In some instances, even after a NIRC has been issued, amendments affecting…
Read MoreWhat happens when all claims are canceled in an inter partes reexamination proceeding?
When all claims in an inter partes reexamination proceeding are to be canceled, the following process occurs: The examiner issues a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) indicating that all claims have been canceled and terminating the prosecution. An examiner’s amendment is drafted as an attachment to the NIRC, canceling all…
Read MoreHow does the examiner determine whether to issue an ACP or a final rejection in ex parte reexamination?
The examiner’s decision to issue an Action Closing Prosecution (ACP) or a final rejection in ex parte reexamination depends on specific criteria outlined in the MPEP. According to MPEP 2260: “If the patent owner’s response overcomes all rejections and objections, a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) should be issued. If…
Read MoreWhat is the process for expunging materials in a reexamination file?
The process for expunging materials in a reexamination file involves submitting a petition and following specific timing requirements. According to MPEP § 724.04(c): “A petition to expunge (37 CFR 1.59) should accompany the submission of proprietary materials, and in any event, must be filed prior to, or shortly after (i.e., in time to be addressed…
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