Where can I find guidance on processing a reexamination of a reexamination?
Guidance for processing a reexamination of a reexamination can be found in the Manual of Patent Examining Procedure (MPEP). Specifically, MPEP § 2695 states: “See MPEP § 2295 for guidance for the processing and examination of a reexamination request filed on a patent for which a reexamination certificate has already issued, or a reexamination certificate…
Read MoreWhere can I find guidance on the former practice of inter partes reexamination?
For those seeking information on the former practice of inter partes reexamination, the MPEP provides two key resources: Revision 7 of the 8th Edition of the MPEP The Federal Register notice titled “Revision of Standard for Granting an Inter Partes Reexamination Request”, published on September 23, 2011 These resources provide comprehensive information on how inter…
Read MoreHow does restriction practice differ from patentability report practice?
Restriction practice and patentability report practice are two distinct procedures in patent examination. Restriction practice involves requiring an applicant to limit their application to a single invention when multiple inventions are claimed. On the other hand, patentability report practice is used to handle complex cases where restriction cannot be properly required. As stated in MPEP…
Read MoreCan a non-primary examiner sign an Office action?
Yes, a non-primary examiner can sign an Office action under certain circumstances. The MPEP 707.09 specifies that The electronic signature of the Supervisory Patent Examiner, Primary or other authorized examiner is inserted to sign Office actions. This implies that while primary examiners and supervisory patent examiners commonly sign Office actions, other examiners may also be…
Read MoreAre there any applications still processed under former 37 CFR 1.62?
Yes, certain applications are still processed under former 37 CFR 1.62. Specifically, all continuation, divisional, and continuation-in-part (CIP) applications filed under former 37 CFR 1.62 prior to December 1, 1997, continue to be processed and examined under the procedures set forth in that regulation. The MPEP clarifies this point: All continuation, divisional and CIP applications…
Read More