What is the process for requesting an oral hearing in an inter partes reexamination appeal?
What is the process for requesting an oral hearing in an inter partes reexamination appeal? In inter partes reexamination appeals, parties have the option to request an oral hearing before the Board. The process for requesting an oral hearing is outlined in MPEP 2674: “If an appellant or a respondent (the patent owner or the…
Read MoreWhat is the process for requesting an oral hearing in a patent reexamination appeal?
To request an oral hearing in a patent reexamination appeal, the appellant (patent owner) must: File a written request for the hearing Pay the fee set forth in 37 CFR 41.20(b)(3) Submit the request within two months after the date of the examiner’s answer or supplemental examiner’s answer As stated in MPEP 2276, “The time…
Read MoreHow do I request an oral hearing for an inter partes reexamination appeal?
To request an oral hearing for an inter partes reexamination appeal, you must: File a written request as a separate paper captioned “REQUEST FOR ORAL HEARING” Submit the request within two months after the date of the examiner’s answer Pay the fee set forth in 37 CFR 41.20(b)(3) Include a certification that a copy of…
Read MoreHow can an appellant request a closed oral hearing in a patent reexamination appeal?
To request a closed oral hearing in a patent reexamination appeal, the appellant must follow a specific process outlined in MPEP 2276: File a petition under 37 CFR 41.3 requesting that the hearing not be open to the public Present sufficient reasons to justify the closed hearing Pay the petition fee set forth in 37…
Read MoreAre oral hearings in patent reexamination appeals open to the public?
Generally, oral hearings in patent reexamination appeals are open to the public as observers. However, the appellant can request a closed hearing under certain conditions. According to MPEP 2276: “Where the appeal involves reexamination proceedings, oral hearings are open to the public as observers (subject to the admittance procedures established by the Board), unless the…
Read MoreAre oral hearings in inter partes reexamination appeals open to the public?
Generally, oral hearings in inter partes reexamination appeals are open to the public as observers, subject to the Board’s admittance procedures. However, there is a process by which a hearing can be closed to the public. According to MPEP 2680: “Where the appeal involves reexamination proceedings, oral hearings are open to the public as observers…
Read MoreHow can I request an oral hearing before the Board in an inter partes reexamination appeal?
To request an oral hearing before the Board in an inter partes reexamination appeal, you must follow specific procedures and timing requirements. According to MPEP 2662: If an appellant or a respondent (who has filed a respondent brief) desires an oral hearing by the Board, he or she must file a written request for an…
Read MoreCan the time for requesting an oral hearing be extended?
No, the time for requesting an oral hearing cannot be extended. MPEP 2680 clearly states: “The time for requesting an oral hearing may not be extended.” This means that the two-month deadline after the date of the examiner’s answer is strict and cannot be prolonged. To learn more: oral hearing deadline extension inter partes reexamination
Read MoreHow long is the oral argument in an inter partes reexamination appeal hearing?
The duration of oral arguments in an inter partes reexamination appeal hearing is typically limited to thirty minutes for each appellant or respondent who has requested an oral hearing, and twenty minutes for the primary examiner. However, this time allocation can be adjusted by order. According to MPEP 2680: “A hearing will be held as…
Read MoreWhat happens if no request for oral hearing is filed?
If no request and fee for an oral hearing are timely filed by the appellant or respondent, the appeal will be decided based on the briefs without an oral hearing. MPEP 2680 states: “If no request and fee for oral hearing have been timely filed by appellant or respondent as required by paragraph (b) of…
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