How does the USPTO handle submissions of copending reexamination proceedings and applications?
The USPTO has specific guidelines for handling submissions related to copending reexamination proceedings and applications. According to the MPEP: “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 notice identifying the application/proceeding…
Read MoreWhat are the notification requirements when a reexamination is requested during an interference?
When a reexamination is requested for a patent involved in an interference proceeding, there are specific notification requirements: Under 37 CFR 41.8(a), the patent owner must notify the Board that a request for reexamination was filed within 20 days of receiving notice of the request. If the patent owner files the request for reexamination, the…
Read MoreWhat are the requirements for a reissue application filed during litigation?
What are the requirements for a reissue application filed during litigation? When a reissue application is filed during litigation, there are specific requirements that must be met: Notification to the Office: The applicant must notify the Office that the patent is involved in litigation. Nature of the litigation: The applicant must provide information about the…
Read MoreWhat are the patent owner’s responsibilities regarding notification of concurrent proceedings?
The patent owner has specific responsibilities to notify the USPTO of concurrent proceedings involving their patent: In the reissue application, the patent owner should file a Notification of Concurrent Proceedings pursuant to 37 CFR 1.178(b) as early as possible. In the reexamination proceeding, the patent owner should file a Notification of Concurrent Proceedings pursuant to…
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