When should the examiner’s first Office action be mailed in an inter partes reexamination?

In an inter partes reexamination, the examiner’s first Office action on the merits should typically be mailed together with the order for reexamination. This practice is designed to expedite the process and adhere to the “special dispatch” requirement. As stated in MPEP 2661: “In order to further the requirement for special dispatch, the examiner’s first…

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What is a final action in patent reexamination?

A final action in patent reexamination is typically the second Office action issued by the examiner. MPEP 2269 refers to this: “Any amendment after the second Office action, which will normally be final as provided for in MPEP § 2271, must ordinarily be restricted to the rejection or to the objection or requirement made.” A…

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How does the response time in ex parte reexamination differ from regular patent examination?

The response time in ex parte reexamination is generally shorter than in regular patent examination. In ex parte reexamination, MPEP 2263 specifies: “A shortened statutory period of two months will generally be set for filing a response to an Office action in an ex parte reexamination.” In contrast, regular patent examination typically allows a three-month…

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What are the requirements for a rejection in an Office action during ex parte reexamination?

In an ex parte reexamination Office action, rejections must meet specific requirements as outlined in MPEP 2262. The key points are: Each rejection must be based on patents or printed publications. Rejections must clearly explain the reasons for rejection, citing specific sections of the references. The examiner must provide a detailed mapping of the claims…

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