How are reexamination requests handled when there’s a pending reissue application?
When a reissue application is pending and a reexamination request is filed for the same patent, the handling process depends on whether reexamination has been ordered: If reexamination has been ordered: The Office of Patent Legal Administration (OPLA) should be notified for merger consideration. If merged, the reissue is generally assigned to the examiner who…
Read MoreWhat happens if a reexamination request is submitted to the wrong Technology Center?
If a reexamination request is submitted to the wrong Technology Center (TC), the following procedure applies: The TC Director will return the request papers to the Office of Patent Legal Administration (OPLA). OPLA will forward the request papers to the appropriate TC. The appropriate TC will process the request papers. This procedure is outlined in…
Read MoreHow does the USPTO handle attempts to provoke an interference with a patent under reexamination?
When an applicant attempts to provoke an interference with a patent that is undergoing reexamination, the USPTO follows a specific procedure: The applicant must comply with 37 CFR 41.202(a), including identifying the patent under reexamination. The application claims may be rejected on any applicable ground, including prior art cited in the reexamination. Prosecution of the…
Read MoreHow is the proper Technology Center determined for a reexamination request?
The proper Technology Center (TC) for a reexamination request is determined based on the current classification of the patent being reexamined. According to MPEP 2237: “The proper TC for reexamination is determined by the classification of the patent being reexamined.” This means that: The current classification of the patent is used, not the classification at…
Read MoreWhat is the role of OPLA in the reexamination request transfer process?
The Office of Patent Legal Administration (OPLA) plays a crucial role in the reexamination request transfer process. According to MPEP 2237, OPLA’s responsibilities include: Receiving misdirected reexamination requests from TC Directors. Forwarding the request papers to the appropriate Technology Center (TC). Assisting in determining the proper TC for reexamination if there’s uncertainty. The MPEP states:…
Read MoreWho makes the decision to merge or stay concurrent reissue and reexamination proceedings?
The decision to merge a reissue application examination and an inter partes reexamination proceeding, or to stay one of them, is made by the Office of Patent Legal Administration (OPLA). As stated in the MPEP: “The decision as to whether the reissue application examination and the reexamination proceeding are to be merged, or which of…
Read MoreWhat happens if an inter partes reexamination certificate is not printed in a timely manner?
According to MPEP 2688, if the inter partes reexamination certificate is not printed in a timely manner after the expiration of the 3-month period following the issue date of the Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC), the following actions are taken: The Office of Patent Legal Administration (OPLA) may be contacted…
Read MoreHow are copending reissue and reexamination proceedings handled?
Copending reissue and reexamination proceedings are handled differently depending on which was filed first. If a reexamination request is filed when a reissue application is pending, the reexamination is generally assigned to a different examiner. If the proceedings are merged, the merged proceeding is typically handled by the reissue examiner, unless they were involved in…
Read MoreWhat is the role of the Office of Patent Legal Administration (OPLA) in the reissue review process?
The Office of Patent Legal Administration (OPLA) plays a crucial role in the reissue review process. According to MPEP 1456: “Where the reissue application has been reviewed by the Office of Patent Legal Administration (OPLA) as indicated in MPEP § 1441.01, the reissue application file must be returned to OPLA for a second review prior…
Read MoreWhat is the role of the Office of Patent Legal Administration (OPLA) in reissue applications during litigation?
What is the role of the Office of Patent Legal Administration (OPLA) in reissue applications during litigation? The Office of Patent Legal Administration (OPLA) plays a crucial role in managing reissue applications that are involved in litigation: Referral review: OPLA reviews reissue applications referred due to concurrent litigation. Decision on examination approach: OPLA determines whether…
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