What are the time limits for filing a patent owner’s statement in ex parte reexamination?
According to MPEP 2254, the patent owner has specific time limits for filing a statement in ex parte reexamination: The patent owner has two months from the date of the order for reexamination to file a statement. This period may be extended by up to one additional month upon request and payment of the requisite…
Read MoreWhat is the examiner’s role after an interference judgment?
The examiner’s role after an interference judgment is minimal, as stated in MPEP 2308.01: “No further action is needed from the examiner on that claim.” This means that once a judgment has been rendered in an interference proceeding, the examiner does not need to take any additional steps regarding the disposed claim. However, the examiner…
Read MoreWhat 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…
Read MoreHow can I request an oral hearing before the Board in an inter partes reexamination appeal?
To request an oral hearing before the Board in an inter partes reexamination appeal, you must follow specific procedures and timing requirements. According to MPEP 2662: If an appellant or a respondent (who has filed a respondent brief) desires an oral hearing by the Board, he or she must file a written request for an…
Read MoreHow 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…
Read MoreWhat 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…
Read MoreWhat 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.…
Read MoreWhat happens if I miss the response deadline in an ex parte reexamination?
Missing the response deadline in an ex parte reexamination can have serious consequences. While MPEP 2263 doesn’t explicitly state the consequences, it’s important to note that: “A shortened statutory period of two months will generally be set for filing a response to an Office action in an ex parte reexamination.” Failing to respond within this…
Read MoreWhat happens with fees in merged reexamination proceedings?
In merged reexamination proceedings, the fee structure is simplified. According to MPEP 2233: “When a fee is required in a merged proceeding (see MPEP § 2283 and § 2285), only a single fee is needed even though multiple copies of the submissions (one for each file) are required.“ This means that despite the need for…
Read MoreHow are Jepson claims treated in relation to prior art admissions?
Jepson claims, which are formatted according to 37 CFR 1.75(e), are generally treated as implied admissions that the subject matter in the preamble is prior art. As stated in MPEP 2129: “Drafting a claim in Jepson format (i.e., the format described in 37 CFR 1.75(e); see MPEP § 608.01(m)) is taken as an implied admission…
Read More