How does the filing date affect patent term extension eligibility?
The filing date of a patent application is crucial in determining its eligibility for term extensions or adjustments due to USPTO delays. Here’s a breakdown: Filed between June 8, 1995, and May 28, 2000: Eligible for term extension under former 35 U.S.C. 154(b). Filed on or after May 29, 2000: Eligible for term adjustment under…
Read MoreHow does the Milburn rule relate to pre-AIA 35 U.S.C. 102(e)?
The Milburn rule, codified in pre-AIA 35 U.S.C. 102(e), allows the use of a U.S. patent as a reference against a later filed application as of the U.S. patent filing date. The MPEP explains this in MPEP 2136.04: “As stated by the House and Senate reports on the bills enacting section pre-AIA 35 U.S.C. 102(e)…
Read MoreCan inter partes reexamination be requested for any patent?
No, inter partes reexamination is not available for all patents. According to the MPEP, “For a patent issued from an application filed prior to November 29, 1999, the statutory inter partes reexamination option is not available, only the ex parte reexamination is available as a reexamination option.” This limitation was due to the effective date…
Read MoreCan an RCE be filed for a reissue application of a patent filed before June 8, 1995?
Yes, a Request for Continued Examination (RCE) can be filed for a reissue application even if the original patent application was filed before June 8, 1995. The MPEP 1452 clarifies: “This applies even where the application, which resulted in the original patent, was filed before June 8, 1995.” The key factor is that the reissue…
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