How does the Solicitor handle petitions for extension of time in court matters?
The Solicitor is responsible for deciding petitions for extension of time in specific court matters related to patent cases. According to MPEP 1002.02(k)(3), these petitions pertain to: “Petitions for extension of time in court matters 35 U.S.C. 142 , 145 , and 146 .” These U.S. Code sections refer to: 35 U.S.C. 142: Notice of…
Read MoreWhat is the role of the USPTO in civil actions under 35 U.S.C. 145 and 146?
What is the role of the USPTO in civil actions under 35 U.S.C. 145 and 146? The USPTO plays a significant role in civil actions under 35 U.S.C. 145 and 146. According to MPEP 1216.02: “In an action under 35 U.S.C. 145, the Director is the defendant; in an action under 35 U.S.C. 146, the…
Read MoreWhat USPTO departments might handle reissue applications involved in litigation?
Reissue applications involved in litigation may be handled by various departments within the United States Patent and Trademark Office (USPTO), depending on the specific circumstances of the case. According to MPEP 1404, these departments may include: Commissioner for Patents Patent Trial and Appeal Board Office of Patent Legal Administration Office of Data Management The MPEP…
Read MoreCan the USPTO act on a reissue application before the two-month delay period expires?
Yes, the USPTO can act on a reissue application before the two-month delay period expires under certain circumstances. MPEP § 1441 states: For example, the Office may act on a continuation or a divisional reissue application before the expiration of the 2-month period after announcement. Additionally, the Office will entertain a petition under 37 CFR…
Read MoreWhat are the notification requirements for prior or concurrent proceedings in a reissue application?
In a reissue application, the applicant has a continuing duty to notify the USPTO of any prior or concurrent proceedings involving the patent for which reissue is requested. This requirement is outlined in 37 CFR 1.178(b), which states: “In any reissue application before the Office, the applicant must call to the attention of the Office…
Read MoreWhat are the limitations on a protestor’s participation in reissue applications involved in litigation?
Protestors’ participation in reissue applications, including those involved in litigation, is subject to specific limitations as outlined in USPTO regulations. These limitations are designed to balance public input with the efficient examination of patent applications. According to MPEP 1404: “Protestor’s participation, including the submission of papers, is limited in accordance with 37 CFR 1.291(c).” Key…
Read MoreWhat reasons might justify a petition to act on a reissue application before the two-month delay period ends?
The USPTO may consider petitions to act on a reissue application before the two-month delay period ends if there are appropriate reasons. MPEP § 1441 provides an example: Appropriate reasons for requesting that the 2-month delay period not be employed include that litigation involving a patent has been stayed to permit the filing of an…
Read MoreWhat is the role of the Office of Patent Legal Administration (OPLA) in reissue applications during litigation?
What is the role of the Office of Patent Legal Administration (OPLA) in reissue applications during litigation? The Office of Patent Legal Administration (OPLA) plays a crucial role in managing reissue applications that are involved in litigation: Referral review: OPLA reviews reissue applications referred due to concurrent litigation. Decision on examination approach: OPLA determines whether…
Read MoreHow should papers be marked when submitting documents for reissue applications involved in litigation?
When submitting papers for reissue applications involved in litigation, applicants and protestors should follow these guidelines: Envelope marking: Mark the outside envelope with “REISSUE LITIGATION” and the specific USPTO area handling the application (e.g., Commissioner for Patents, Patent Trial and Appeal Board). Paper marking: Clearly mark the top right-hand portion of the papers with “REISSUE…
Read MoreWhat information should be provided to the USPTO about litigation involving a patent under reissue?
When informing the USPTO about litigation involving a patent under reissue, applicants should provide sufficient information for the Office to evaluate the need for further materials. The MPEP advises: “Litigation encompasses any papers filed in the court or issued by the court. This may include, for example, motions, pleadings, and court decisions, as well as…
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