What are the time limits for requesting rehearing of a Board decision?
According to MPEP 2682, the time limits for requesting rehearing of a Board decision are as follows: The request must be filed within one month from the date of: The original decision under 37 CFR 41.77(a) The original 37 CFR 41.77(b) decision under the provisions of 37 CFR 41.77(b)(2) The expiration of the time for…
Read MoreWhat is required for reconsideration in a patent reexamination?
For reconsideration in a patent reexamination, the patent owner must respond to the Office action. As stated in MPEP 2269: “In order to be entitled to reconsideration, the patent owner must respond to the Office action. 37 CFR 1.111(b).” This response can be with or without amendment, and the patent will be reconsidered accordingly. To…
Read MoreCan a patent owner respond to an inter partes reexamination request before the determination is made?
No, the patent owner cannot respond to an inter partes reexamination request before the determination is made. The MPEP clearly states: “No input from the patent owner is considered prior to the determination.” This policy is supported by case law, as the MPEP cites: “See Patlex v. Mossinghoff, 771 F.2d 480, 226 USPQ 985 (Fed.…
Read MoreWhat happens if an inter partes reexamination request is denied?
If an inter partes reexamination request is denied, the requester has the option to seek review of the decision. The MPEP outlines this process: “If a decision to deny an order for reexamination is made, the requester may seek review by a petition under 37 CFR 1.181. See 37 CFR 1.927.” However, it’s important to…
Read MoreHow many times can a patent be reconsidered during reexamination?
During patent reexamination, a patent can be reconsidered multiple times. MPEP 2269 indicates: “The patent owner may respond to such Office action with or without amendment and the patent under reexamination will be reconsidered, and so on repeatedly unless the examiner has indicated that the action is final.” This suggests that the reconsideration process can…
Read MoreWhat is a final action in patent reexamination?
A final action in patent reexamination is typically the second Office action issued by the examiner. MPEP 2269 refers to this: “Any amendment after the second Office action, which will normally be final as provided for in MPEP § 2271, must ordinarily be restricted to the rejection or to the objection or requirement made.” A…
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