When is an Inter Partes Reexamination Certificate issued?
An Inter Partes Reexamination Certificate is issued at the conclusion of an inter partes reexamination proceeding. According to MPEP 2688: “Since abandonment is not possible in a reexamination proceeding, an inter partes reexamination certificate will be issued at the conclusion of the proceeding for each patent in which a reexamination proceeding has been ordered under…
Read MoreWhen is an Ex Parte Reexamination Certificate issued?
An Ex Parte Reexamination Certificate is issued at the conclusion of an ex parte reexamination proceeding. According to MPEP 2288, the certificate is issued: “when the time for appeal has expired or any appeal proceeding has terminated” This means the certificate is issued after all opportunities for challenging the results of the reexamination have been…
Read MoreWhat is a Supplemental Examination Certificate?
A Supplemental Examination Certificate is a document prepared by the USPTO that lists all items of information properly submitted as part of a supplemental examination request. It states whether a substantial new question of patentability (SNQ) affecting at least one claim of the patent is raised in the request. According to the MPEP, The supplemental…
Read MoreWhat is an Inter Partes Reexamination Certificate?
An Inter Partes Reexamination Certificate is a document issued at the conclusion of an inter partes reexamination proceeding, unless merged with a reissue application. As stated in MPEP 2690: “An inter partes reexamination certificate is issued at the close of each inter partes reexamination proceeding in which reexamination has been ordered under 37 CFR 1.931,…
Read MoreWhat is an Ex Parte Reexamination Certificate?
An Ex Parte Reexamination Certificate is a document issued at the conclusion of an ex parte reexamination proceeding, except in specific cases of merger with reissue applications or inter partes reexamination proceedings. The MPEP states: An ex parte reexamination certificate is issued at the close of each ex parte reexamination proceeding in which reexamination has…
Read MoreHow does the USPTO conclude a supplemental examination proceeding?
A supplemental examination proceeding concludes with the issuance of a specific document. According to MPEP 2815: “A supplemental examination proceeding concludes with the issuance of a supplemental examination certificate, indicating the results of the examiner’s determination.” This certificate serves as the official record of the examiner’s determination regarding whether a substantial new question of patentability…
Read MoreWhat happens after a supplemental examination is concluded?
After a supplemental examination is concluded, the Office electronically publishes a supplemental examination certificate. As stated in MPEP 2818, “Supplemental examination is concluded by the electronic publication of the certificate.” The subsequent procedure depends on whether a Substantial New Question of patentability (SNQ) is raised: If an SNQ is raised, an ex parte reexamination is…
Read MoreHow does a reissue patent affect the Ex Parte Reexamination Certificate?
In certain situations, the grant of a reissue patent can replace the need for an Ex Parte Reexamination Certificate. According to MPEP 2288: “If the ex parte reexamination proceeding is terminated by the grant of a reissued patent as provided in § 1.565(d), the reissued patent will constitute the ex parte reexamination certificate required by…
Read MoreWhat is a “reexamination of a reexamination”?
A “reexamination of a reexamination” refers to a situation where a new reexamination request is filed on a patent for which a reexamination certificate has already been issued, or when a reexamination certificate is issued on a prior reexamination while a new reexamination is pending. As stated in MPEP § 2695: “This reexamination request is…
Read MoreWho receives copies of the Ex Parte Reexamination Certificate?
The distribution of Ex Parte Reexamination Certificates is governed by specific USPTO rules. According to MPEP 2288, which cites 37 CFR 1.570(c): “The ex parte reexamination certificate will be mailed on the day of its date to the patent owner at the address as provided for in § 1.33(c). A copy of the ex parte…
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