What is the panel review process in Supplemental Examination?

After an examiner makes a preliminary determination in a supplemental examination, a panel review conference is convened to review the determination. This process ensures a thorough and accurate examination. The MPEP states: A panel review conference will be convened, and the conference members will review the preliminary determination. See MPEP § 2271.01 for the make-up…

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How are Office actions mailed in reexamination proceedings?

In reexamination proceedings, the USPTO has a specific process for mailing Office actions. MPEP 2233 describes the process as follows: “A transmittal form with the requester’s address will be used to forward copies of Office actions (and any references cited in the Office actions) to the requester. Whenever an Office action is issued, a copy…

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What is the “Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements”?

The “Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements” is a formal notification sent to the requester when their ex parte reexamination request fails to meet one or more filing date requirements. According to MPEP 2227: “Form PTOL-2077, ‘Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements,’ is…

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What happens if no substantial new question of patentability is found in a supplemental examination?

If the USPTO determines that no substantial new question of patentability (SNQ) is raised by the items of information in a supplemental examination request, the following occurs: The Office will issue a supplemental examination certificate stating that no SNQ is raised. No ex parte reexamination will be ordered. The supplemental examination proceeding will be concluded.…

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