What guidelines does the examiner follow regarding the patent owner’s statement in reexamination?
During reexamination proceedings, the examiner must consider the patent owner’s statement. MPEP 2253 provides specific guidance on this matter: “With respect to consideration of the patent owner’s statement, the examiner will be guided by 37 CFR 1.530(c).“ This means that the examiner will follow the rules outlined in 37 CFR 1.530(c) when evaluating the patent…
Read MoreHow does the examiner consider the patent owner’s statement in ex parte reexamination?
The examiner carefully considers the patent owner’s statement in ex parte reexamination as part of the overall examination process. According to MPEP 2252: “The examiner must consider all of the patent owner’s arguments in the statement, regardless of whether or not an amendment is made to any claim.” This means that the examiner will: Review…
Read MoreWhat is the time limit for a third party requester to reply in an ex parte reexamination?
According to MPEP 2251, a third party requester has two months from the date of service of the patent owner’s statement to file a reply. This time limit is set by 35 U.S.C. 304 and cannot be extended. The MPEP states: “If the patent owner files a statement in a timely manner, the third party…
Read MoreWhat happens if an ex parte reexamination certificate is not issued within 3 months?
According to MPEP 2288, if an ex parte reexamination certificate is not issued within 3 months from the day the patent owner’s statement (or the time for filing such a statement expires), the requester may seek court intervention. The MPEP states: “If the reexamination certificate is not issued within that period, the requester may seek…
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