What are the format requirements for amendments in reexamination proceedings?

Amendments in reexamination proceedings must adhere to specific format requirements. MPEP 2221 states: “Any such amendment must be in accordance with 37 CFR 1.530(d) through (j). See MPEP § 2250 as to the format and requirements of an amendment in a reexamination proceeding.” To ensure compliance, patent owners should carefully review 37 CFR 1.530(d) through…

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What is the purpose of supplemental examination?

Supplemental examination is a process in patent law that allows patent owners to request the United States Patent and Trademark Office (USPTO) to consider, reconsider, or correct information believed to be relevant to their patent. This process is primarily used to address potential issues of inequitable conduct or other patentability concerns that may have arisen…

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What notices are issued regarding compliance with Portola Packaging in reexaminations?

The MPEP outlines specific notices that should be issued regarding compliance with the Portola Packaging decision in reexaminations ordered before November 2, 2002: If the prosecution of an ongoing reexamination is terminated to comply with Portola Packaging, the Notice of Intent to Issue Ex Parte Reexamination Certificate should state:“The prosecution of this reexamination is terminated…

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What are the requirements for petitioning for a different filing date for an international design application?

Applicants can petition for a different filing date for an international design application in the United States under certain circumstances. MPEP 2908 outlines the requirements for such a petition, which are based on 37 CFR 1.1023(b): “Where the applicant believes the international design application is entitled under the Hague Agreement to a filing date in…

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How can a patentee become eligible to suggest an interference?

A patentee can become eligible to suggest an interference by filing a reissue application. This process effectively transforms the patentee into an applicant, granting them the ability to suggest an interference. As stated in MPEP 2304.03: “A patentee may not suggest an interference unless it becomes an applicant by filing a reissue application.” The steps…

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