How are third-party requesters notified of Office actions in ex parte reexamination?

In ex parte reexamination proceedings involving third-party requesters, the USPTO ensures that they receive copies of all Office actions. According to MPEP 2264: “All actions in a third party requester ex parte reexamination will have a copy mailed to the third party requester. A transmittal form PTOL-465 must be used in providing the third party…

Read More

How should patent examiners address antecedent basis issues?

Patent examiners should address antecedent basis issues in a constructive manner. The MPEP 2173.05(e) provides guidance: “The examiner’s task of making sure the claim language complies with the requirements of the statute should be carried out in a positive and constructive way, so that minor problems can be identified and easily corrected, and so that…

Read More

What is the panel review in reexamination cases?

In addition to the review conducted by the CRU SPRS or TC QAS, reexamination cases undergo a panel review before issuing Office actions. MPEP 2689 states: “In addition to the CRU SPRS/TC QAS review of the reexamination cases, a panel review is made prior to issuing Office actions as set forth in MPEP § 2671.03.“…

Read More

Can patent owners access copies of Office actions online in ex parte reexamination?

Yes, patent owners can access copies of Office actions online in ex parte reexamination proceedings. The MPEP 2264 states: “Copies of Office actions may be obtained by accessing Patent Center at the Office’s website www.uspto.gov.” Patent Center is an online portal provided by the USPTO that allows patent applicants, patent owners, and their representatives to…

Read More

What is the process for issuing Office actions in international design applications?

The process for issuing Office actions in international design applications is outlined in MPEP 2920.05(f). The key points are: “The examiner should issue an Office action if deficiencies are found during examination. The Office action should clearly set forth all requirements that must be met for the application to be in condition for allowance.” Office…

Read More

How are Office actions mailed in reexamination proceedings?

In reexamination proceedings, the USPTO has a specific process for mailing Office actions. MPEP 2233 describes the process as follows: “A transmittal form with the requester’s address will be used to forward copies of Office actions (and any references cited in the Office actions) to the requester. Whenever an Office action is issued, a copy…

Read More

How can I obtain copies of Office actions in inter partes reexamination proceedings?

Copies of Office actions in inter partes reexamination proceedings can be obtained through the USPTO’s Public PAIR system. The MPEP states: Copies of Office actions may be obtained by accessing Public PAIR at the Office’s website www.uspto.gov. Public PAIR (Patent Application Information Retrieval) is an online portal that provides access to patent application status and…

Read More

What is the process for mailing decisions and Office actions in inter partes reexamination?

The process for mailing decisions and Office actions in inter partes reexamination involves the following steps: The examiner completes a decision on the request for inter partes reexamination and/or an Office action. The CRU technical support staff processes the decision and/or Office action for mailing. The documents are mailed to the patent owner and the…

Read More