How does the USPTO handle the timing of reexamination proceedings?

The USPTO is required to conduct reexamination proceedings with special dispatch. MPEP 2821 references 35 U.S.C. 305, which states: “Reexamination will be conducted with special dispatch within the Office.“ This requirement ensures that reexamination proceedings are handled promptly and efficiently. The MPEP also cites the case of Ethicon v. Quigg, 849 F.2d 1422 (Fed. Cir.…

Read More

Can supplemental examination proceedings be merged with other proceedings?

Generally, the USPTO does not merge supplemental examination proceedings with other proceedings. The MPEP 2821 states: “As a general rule, the Office will not merge a supplemental examination proceeding with any other supplemental examination proceeding.“ However, the Office reserves the right to merge or consolidate proceedings as circumstances warrant. The decision to merge is typically…

Read More

Are interviews permitted in merged reissue and inter partes reexamination proceedings?

No, interviews discussing the merits of the case are not permitted in merged reissue and inter partes reexamination proceedings. The MPEP states: “Pursuant to 37 CFR 1.955, an interview which discusses the merits of a proceeding is not permitted in an inter partes reexamination proceeding. Thus, in a merged proceeding of an inter partes reexamination…

Read More

Can examiners other than supervisory patent examiners assign applications?

Yes, examiners other than supervisory patent examiners can be given the responsibility of assigning applications. The MPEP 909.02(b) provides guidance on this: “If an examiner other than the supervisory patent examiner is given the responsibility of assigning applications, time so spent may, at the TC Director’s discretion, be charged to ‘Other Time- Classify (non-PGPub) and…

Read More

Can I hand-carry documents to the USPTO?

Yes, you can hand-carry certain documents to the USPTO, but there are specific guidelines and limitations. According to MPEP 501: Patent-related papers may be hand-carried to the Office in Alexandria, VA. Correspondence cannot be hand-carried to the Regional Offices. If the correspondence is hand-carried to the Office, with limited exceptions (see MPEP § 502, subsection…

Read More