Can a party participate in another party’s appeal in an inter partes reexamination?
Yes, in inter partes reexamination proceedings commenced on or after November 2, 2002, both the patent owner and the third party requester can participate in each other’s appeal to the Federal Circuit. According to MPEP 2683: “The patent owner and the third party requester may each be a party to, i.e., participate in, each other’s…
Read MoreWho can participate in interviews during ex parte reexamination proceedings?
Participation in interviews during ex parte reexamination proceedings is limited to specific parties. According to MPEP 2281: “Interviews in ex parte reexamination proceedings should be conducted with the parties set forth in MPEP § 2281.01.“ This typically includes: The examiner The patent owner (if represented, then with their attorney or agent) The third party requester…
Read MoreAre there any more FAQs that can be generated from MPEP 2230?
No more FAQs can be generated from MPEP 2230 – Constructive Notice to Patent Owner. All relevant information from this section has been thoroughly covered in the previous questions and answers. The section is relatively short and focused, and the key points about constructive notice, the address of record, and the responsibility of the patent…
Read MoreAre micro entity fee reductions available in inter partes reexamination proceedings?
Micro entity fee reductions are available in inter partes reexamination proceedings, but with specific limitations: For patent owners: Micro entity reductions are available for certain fees. For third party requesters: Micro entity reductions are not available. As stated in the MPEP: Micro entity reductions are available to patent owners only. Specifically, micro entity and small…
Read MoreWhat are the responsibilities of parties regarding litigation in inter partes reexamination?
In inter partes reexamination proceedings, both the patent owner and the third-party requester have responsibilities regarding litigation. The MPEP states: The patent owner is reminded of the continuing responsibility under 37 CFR 1.985(a), to apprise the Office of any litigation activity, or other prior or concurrent proceeding, involving Patent 9,999,999 throughout the course of this…
Read MoreCan a legal representative file a request for supplemental examination?
Yes, a legal representative of the patent owner can file a request for supplemental examination on behalf of the patent owner. As stated in MPEP 2803: “A legal representative of the patent owner may file a request for supplemental examination on behalf of the patent owner.” For more details on this process, refer to MPEP…
Read MoreWhat happens to late-filed papers in inter partes reexamination?
Late-filed papers in inter partes reexamination are generally retained in the file but not considered. According to MPEP 2667: “Where patent owner has filed a paper which was filed after the period for response set by the Office, the paper will be retained in the file but will not be considered.” Similarly, for third party…
Read MoreHow are interviews conducted in ex parte reexamination proceedings?
Interviews in ex parte reexamination proceedings are conducted under specific guidelines. The MPEP 2254 states: “Interviews are permitted in an ex parte reexamination proceeding. In the ex parte reexamination proceeding, only ex parte interviews between the examiner and patent owner and/or the patent owner’s representative are permitted. Interviews between the examiner and the third party…
Read MoreWhat are the time extensions available in inter partes reexamination proceedings?
Time extensions in inter partes reexamination proceedings are limited and strictly regulated. The MPEP states: Extensions of time under 37 CFR 1.136(a) will not be permitted in inter partes reexamination proceedings because the provisions of 37 CFR 1.136 apply only to “an applicant” and not to parties in a reexamination proceeding. Key points about time…
Read MoreHow can a patent owner make amendments in an inter partes reexamination proceeding?
A patent owner can make amendments in an inter partes reexamination proceeding by filing a paper in compliance with 37 CFR 1.530(d)-(k) and 37 CFR 1.943. The MPEP states: Amendments to the patent being reexamined (where the patent has not expired) may be filed by the patent owner in the reexamination proceeding. Such amendments may…
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