What is the deadline for filing a respondent brief in an inter partes reexamination?
According to MPEP 2675.01, the deadline for filing a respondent brief in an inter partes reexamination is as follows: “The respondent brief is due one month after the date of service of the appellant’s brief. The time for filing a respondent brief may not be extended.” It’s crucial to note that this deadline is strictly…
Read MoreWhat are the requirements for a depository to be recognized as suitable by the USPTO?
For a depository to be recognized as suitable by the USPTO, it must meet several requirements as outlined in 37 CFR 1.803(a). These include: Having a continuous existence Existing independently of the depositor’s control Possessing sufficient staff and facilities for examination and storage Providing safety measures to minimize the risk of losing biological material Being…
Read MoreWhat are the requirements for a proper 37 CFR 1.501 submission?
A proper submission under 37 CFR 1.501 must meet specific requirements. According to the MPEP, a proper submission: Is limited to patents, printed publications, and/or patent owner written claim scope statements and additional information Includes the requisite citation description and information Includes proof of service on the patent owner (if submitted after an order for…
Read MoreWhat determines the requirements for declaring an interference?
The requirements for declaring an interference depend on who suggests it. As stated in MPEP 2304: “Who suggests the interference determines what must be done and shown prior to declaration of an interference.” This means that the process and evidence required to declare an interference may differ based on whether it was suggested by an…
Read MoreHow can I request a customer number for patent-related purposes?
To request a customer number for patent-related purposes, you can use Form PTO/SB/125, titled “Request for Customer Number.” This form is specifically mentioned in MPEP 2595, which states: “Form PTO/SB/125 (“Request for Customer Number”) may be used to request a customer number.” A customer number is useful for various patent-related communications with the USPTO, including…
Read MoreHow do I request an oral hearing for an inter partes reexamination appeal?
To request an oral hearing for an inter partes reexamination appeal, you must: File a written request as a separate paper captioned “REQUEST FOR ORAL HEARING” Submit the request within two months after the date of the examiner’s answer Pay the fee set forth in 37 CFR 41.20(b)(3) Include a certification that a copy of…
Read MoreHow are major events in reexamination proceedings reported to OPSG?
Major events in reexamination proceedings are reported to the One Patent Service Gateway (OPSG) system to monitor the progress of these cases. MPEP 2235 states: “The OPSG system is used to monitor major events that take place in processing reexamination proceedings. During initial processing all major pre-ex parte examination events are reported. During the ex…
Read MoreWhat is the difference between a replacement and supplemental deposit?
While both replacement and supplemental deposits are mentioned in MPEP 2407, they serve different purposes: Replacement deposit: This is made when the original deposit is no longer viable or available. It replaces the original deposit entirely. Supplemental deposit: This is made to add to or enhance the original deposit, without necessarily replacing it. The MPEP…
Read MoreWhen is a replacement deposit not required for biological materials?
A replacement deposit of biological materials is not required under certain conditions, even if the depository cannot furnish samples to requesters outside its jurisdiction. According to MPEP 2407.05, these conditions are: National security reasons Health reasons Environmental safety reasons As stated in the MPEP: “The provisions of 37 CFR 1.805(h) indicate that a replacement deposit…
Read MoreWhat types of status reports are available for reexamination proceedings?
Various status reports are available for reexamination proceedings to ensure they are processed with “special dispatch.” According to MPEP 2235: “Various reports can be generated for the event reporting discussed above. The primary purpose of these reports is to assure that reexaminations are, in fact, processed with “special dispatch.”“ Some examples of available reports include:…
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