When can a power of attorney be revoked or an attorney withdraw from a patent case?
According to MPEP 2560, “The revocation or withdrawal of an attorney may be submitted at any time.” However, it’s important to note that “a revocation or withdrawal of an attorney filed after issuance of a patent is not normally processed.” This means that while you can technically submit a revocation or withdrawal at any point,…
Read MoreWhat are the three ways an inter partes reexamination proceeding can be concluded?
According to MPEP 2694, inter partes reexamination proceedings can be concluded in three ways: (A) By bringing the prosecution to an end through denial, vacating, or termination of the reexamination proceeding. (B) By issuing a reexamination certificate under 37 CFR 1.997(b). (C) By merging the reexamination proceeding with a reissue proceeding and granting a reissue…
Read MoreCan a filing date be vacated after it has been assigned to an ex parte reexamination request?
Yes, a filing date can be vacated after it has been assigned to an ex parte reexamination request if non-compliance issues are discovered during the examiner’s review. The MPEP 2227 outlines this process: “If, in the process of reviewing the request, the examiner notes a non-compliance item not earlier recognized, the examiner will communicate with…
Read MoreWhat is the time frame for the USPTO to issue a supplemental examination certificate?
The USPTO has a specific time frame for issuing a supplemental examination certificate. According to MPEP 2816: “The Office will issue a supplemental examination certificate within three months of the filing date of the request.” This three-month period is statutorily mandated by 35 U.S.C. 257(a). The certificate will indicate whether the items of information presented…
Read MoreHow should USPTO personnel report time spent on reexamination activities?
According to the Manual of Patent Examining Procedure (MPEP) Section 2638, all USPTO personnel are required to report all time spent on reexamination activities accurately. The MPEP states: “It is essential that all time expended on reexamination activities be reported accurately. Thus, all USPTO personnel should report all time spent on reexamination on their individual…
Read MoreWhat notice does the USPTO issue when granting a filing date for a supplemental examination request?
When the USPTO grants a filing date to a supplemental examination request, it issues a formal notice to the patent owner. According to MPEP 2812.01: “If the request is granted a filing date, the Office will mail a ‘Notice of Supplemental Examination Request Filing Date’.” This notice serves as official confirmation that the supplemental examination…
Read MoreHow does the USPTO determine if a depository is acceptable?
The United States Patent and Trademark Office (USPTO) has specific criteria for determining if a depository is acceptable for biological materials. According to MPEP 2405: “The Commissioner may determine that a depository is acceptable if the depository:” Maintains biological material viability for 30 years or 5 years after the most recent request, whichever is longer…
Read MoreCan papers filed untimely in inter partes reexamination be considered later in the proceedings?
Yes, papers that were initially considered untimely and returned or expunged in inter partes reexamination can potentially be considered later in the proceedings. According to MPEP 2625: “If the submission of the returned/expunged papers is appropriate later in the proceedings, they may be filed, and accepted by the Office, at that time.” This provision allows…
Read MoreHow does one make a timely election to proceed under pre-AIA 35 U.S.C. 103(b)?
Making a timely election to proceed under pre-AIA 35 U.S.C. 103(b) is crucial for applicants seeking to benefit from this provision. The MPEP provides guidance on what is considered timely: An election will normally be considered timely if it is made no later than the earlier of either the payment of the issue fee or…
Read MoreWhat is the timeframe for filing a notice of appeal in ex parte reexamination?
The timeframe for filing a notice of appeal in ex parte reexamination is typically two months from the date of the last Office action. According to MPEP 2273, “The period for filing the notice of appeal is the period set for response in the last Office action which is normally 2 months.” However, the MPEP…
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