What is the requirement for notifying the USPTO about other post-patent proceedings during supplemental examination?
According to MPEP 2820, patent owners must notify the USPTO as soon as possible about any other prior or concurrent post-patent Office proceedings involving the patent under supplemental examination. This requirement is outlined in 37 CFR 1.620(d), which states: “The patent owner must, as soon as possible upon the discovery of any other prior or…
Read MoreWhat happens if a patent owner fails to respond timely to an Office action in reexamination?
If a patent owner fails to file a timely and appropriate response to an Office action in a reexamination proceeding, the consequences can be severe. According to the MPEP: “If the patent owner fails to file a timely and appropriate response to any Office action, the prosecution of the reexamination proceeding will be terminated, unless…
Read MoreWhat are the obligations of a patent owner during ex parte reexamination when there is concurrent litigation?
During ex parte reexamination, a patent owner has specific obligations regarding concurrent litigation. According to MPEP 2286: “The patent owner is required by 37 CFR 1.565(a) to call the attention of the Office to any prior or concurrent proceeding in which the patent is involved or was involved. Thus, the patent owner has an obligation…
Read MoreWhat information must patent owners provide regarding prior or concurrent proceedings?
According to MPEP 2686, patent owners are required to provide the Office with information about any prior or concurrent proceedings involving the patent undergoing inter partes reexamination, as well as the results of such proceedings, if known. The MPEP states: “In accordance with 37 CFR 1.985, the patent owner is required to provide the Office…
Read MoreWhat are the notification requirements when a reexamination is requested during an interference?
When a reexamination is requested for a patent involved in an interference proceeding, there are specific notification requirements: Under 37 CFR 41.8(a), the patent owner must notify the Board that a request for reexamination was filed within 20 days of receiving notice of the request. If the patent owner files the request for reexamination, the…
Read MoreWho is responsible for maintaining the viability of a biological deposit?
Who is responsible for maintaining the viability of a biological deposit? The responsibility for maintaining the viability of a biological deposit is shared between the patent owner and the depository institution. MPEP 2409 states: “The depository must agree to store the deposit for at least thirty (30) years and, in most cases, indefinitely, as long…
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