What is the role of panel review conferences in issuing a NIRC?
Panel review conferences play a crucial role in the issuance of a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) when at least one claim is found patentable. The process involves: The examiner formulates a draft preliminary NIRC. The examiner informs their supervisor (SPRS or QAS) of the intent to issue the NIRC.…
Read MoreWhat is the process for preparing an Office action in a patent reexamination?
The process for preparing an Office action in a patent reexamination, as outlined in MPEP 2262, involves several steps: The examiner is notified upon receipt of a patent owner response or expiration of the response period. The examiner prepares for and sets up a panel review conference (see MPEP § 2271.01). The examiner may prepare…
Read MoreWhat is the process for denying a reexamination request?
The process for denying a reexamination request involves several steps: The examiner prepares a decision explaining why no SNQ/RLP has been established for each cited patent or publication. The examiner sets up a panel review conference to discuss the decision. If the conference confirms the denial, the examiner completes and signs the decision, with conferees…
Read MoreWhat is the process for denying a request for reexamination?
When a request for reexamination is denied, the following process is followed: The examiner prepares a decision denying the reexamination request if no substantial new question of patentability is found. Form paragraph 22.02 is used as the introductory paragraph in the decision. The examiner responds to each argument based on patents or printed publications. A…
Read MoreWhen is a panel review conference required in ex parte reexamination?
A panel review conference is generally required before issuing a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) in ex parte reexamination proceedings. However, there are exceptions to this requirement. According to MPEP 2287: “A panel review conference must be held in each instance where a NIRC is about to be issued, unless…
Read MoreWhat is the role of the panel review conference in reexamination decisions?
The panel review conference plays a crucial role in the reexamination decision process. According to the MPEP: “If the examiner’s position is to deny reexamination, the examiner will prepare for and set up a panel review conference as per MPEP § 2271.01, to discuss the issuance of a decision denying reexamination.” The conference serves to:…
Read MoreWhat is the panel review conference in inter partes reexamination?
The panel review conference is a quality control measure in inter partes reexamination. According to MPEP 2660: “Upon receipt of a patent owner response to the action (and third party requester comments where permitted) by the CRU, or upon the expiration of the time to submit same, the examiner will be internally notified. The examiner…
Read MoreWhat is the process for preparing an Office action in inter partes reexamination?
The process for preparing an Office action in inter partes reexamination involves several steps and considerations. According to MPEP 2671.01, the process includes: Notification of the examiner upon receipt of a patent owner response (and third party requester comments, if applicable). Preparation for and setting up of a panel review conference (as per MPEP §…
Read MoreWhat is the purpose of a panel review conference in ex parte reexamination?
A panel review conference in ex parte reexamination serves several important purposes: To discuss the issuance of the final Office action To ensure the quality and consistency of the final rejection To provide additional perspectives on the examiner’s decision To confirm or revise the examiner’s preliminary decision to reject and/or allow claims MPEP § 2271…
Read MoreWhat is the process for preparing a decision on a request for ex parte reexamination?
The process for preparing a decision on a request for ex parte reexamination involves several steps, as outlined in MPEP 2246: The reexamination file is reviewed in the Central Reexamination Unit (CRU) to ensure it’s ready for examination. The proceeding is assigned to an examiner. The examiner prepares for and sets up a panel review…
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