What is the purpose of citing prior art in an inter partes reexamination?
Citing prior art in an inter partes reexamination serves to bring relevant existing patents, publications, or other information to the attention of the USPTO during the reexamination process. This helps ensure that all pertinent information is considered when determining the patentability of the claims under review. According to MPEP 2602, “Citations by the patent owner…
Read MoreWhat papers are allowed to be filed prior to the first Office action in inter partes reexamination?
According to MPEP 2625, only a limited set of papers are allowed to be filed prior to the first Office action in inter partes reexamination. These include: Citations of patents or printed publications under 37 CFR 1.501 and 1.933 Another complete request under 37 CFR 1.510 Notifications pursuant to MPEP § 2686 The MPEP states:…
Read MoreWhat papers are allowed to be filed after a request for ex parte reexamination but before the decision on the request?
After filing a request for ex parte reexamination under 35 U.S.C. 302, only specific types of papers are allowed to be filed before the decision on the request. According to MPEP 2225, these include: Citations of patents or printed publications under 37 CFR 1.501 or 37 CFR 1.555 Another complete request under 37 CFR 1.510…
Read MoreWhat are the components of a standard patent document citation according to MPEP 1851?
MPEP 1851 outlines the standard components for citing a patent document. These components should be listed in the following order: The Office that issued the document, by the two-letter code (WIPO Standard ST.3) The number of the document as given by the issuing Office The kind of document, by the appropriate symbols as indicated on…
Read MoreWhat do Roman numerals represent in foreign patent publication dates?
In foreign patent publication dates, Roman numerals have a specific purpose. According to MPEP 901.05(a): “Roman numerals always refer to the month.” This means that when you encounter a date in a foreign patent publication that uses Roman numerals, those numerals are consistently used to represent the month of the year. For example, VI would…
Read MoreWhat are the key components for citing patent documents in international search reports?
When citing patent documents in international search reports, examiners must include several key components as per MPEP 1851: The two-letter country code of the issuing or publishing entity The standard code identifying the kind of patent document The document number The name of the patentee or applicant The publication date Relevant page numbers, columns, lines,…
Read MoreHow do Japanese patent application publications show dates?
Japanese patent application publications use a unique system for indicating dates. According to MPEP 901.05(a): “Japanese patent application publications show the date in Arabic numerals by indicating in order the year of the reign of the Emperor, the month, and the day.” This means that Japanese patent dates are typically formatted as YY.MM.DD, where YY…
Read MoreHow are dates formatted in foreign patent publications?
Foreign patent publications often use different date formats compared to Western standards. According to MPEP 901.05(a): “Foreign patent publications that use Arabic and Roman numerals in lieu of names to indicate the date show in order the day, month, and year, or alternatively, the year, month, and day. Roman numerals always refer to the month.”…
Read MoreHow do you convert Japanese patent dates to Western calendar years?
Converting Japanese patent dates to Western calendar years involves a simple calculation based on the year of the Emperor’s reign. The MPEP 901.05(a) provides specific instructions: “To convert the Japanese year of the Emperor to the Western calendar year, for years prior to 1989, add 1925 to the JAPANESE YEAR. For example: 40.3.6 = March…
Read MoreWhat information should be included when citing U.S. patent documents?
When citing U.S. patent documents, the following information should be included: For U.S. patent application publications: publication number, publication date, name of the applicant, class, and subclass. For U.S. patents: patent number, patent date, name of the patentee, and the relevant classification. Additionally, examiners are encouraged to cite the kind codes printed on U.S. patent…
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