What happens if a reexamination is inadvertently assigned to the original examiner?
If a reexamination is inadvertently assigned to the original examiner without the required approval, the following steps apply: The patent owner or third party requester must promptly file a paper alerting the Office of this fact. This paper must be filed within two months of the first Office action or communication indicating the examiner assignment.…
Read MoreWhat happens if a reexamination is inadvertently assigned to an “original examiner”?
If a reexamination is inadvertently assigned to an “original examiner” without the required approval, parties have a limited time to object. The MPEP states, “Any paper notifying the Office of an assignment to an ‘original examiner’ must be filed within two months of the first Office action or other Office communication indicating the examiner assignment,…
Read MoreCan the original examiner of a patent application be assigned to its supplemental examination?
No, the original examiner of a patent application cannot be assigned to its supplemental examination. The MPEP explicitly states that the Supervisory Patent Examiner (SPE) will assign the request to a primary examiner, other than the examiner who originally examined the patent application. This policy ensures a fresh perspective and helps maintain the integrity of…
Read MoreCan the original examiner be assigned to a reexamination proceeding?
Generally, the original examiner is not assigned to a reexamination proceeding. The MPEP states, It is the policy of the Office that the CRU SPRS will assign the reexamination request to an examiner different from the examiner(s) who examined the patent application. However, there are exceptions to this rule: When the original examiner is the…
Read MoreCan the original examiner be assigned to a reexamination request?
Generally, the original examiner is not assigned to a reexamination request. The MPEP states, “It is the policy of the Office that the CRU SPRS will assign the reexamination request to an examiner different from the examiner(s) who examined the patent application.” However, exceptions can be made in rare cases where the original examiner is…
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