How is a correction of inventorship reflected in the reexamination certificate?
When a petition for correction of inventorship is granted during a reexamination proceeding, the correction is reflected in the reexamination certificate. According to MPEP 2250.02: “If the petition under 37 CFR 1.324 is granted, a certificate of correction indicating the change of inventorship will not be issued, because the reexamination certificate that will ultimately issue…
Read MoreWhat are the requirements for the inventor’s oath or declaration in an international design application?
International design applications designating the United States are required to contain the inventor’s oath or declaration. According to MPEP 2920.04(c): “International design applications designating the United States are required to contain the inventor’s oath or declaration (37 CFR 1.63 and 1.64).” Key points: The International Bureau reviews applications to ensure the required inventor’s oath or…
Read MoreWhat are the requirements for the title in an international design application?
The title in an international design application must designate the particular article in which the design is embodied. According to MPEP 2920.04(a), “The title of the design identifies the article in which the design is embodied by the name generally known and used by the public.” The title must correspond with the claim, but may…
Read MoreWhat are the requirements for reproductions (drawings) in an international design application?
Reproductions in international design applications must comply with the requirements of Rule 9 and Part Four of the Administrative Instructions, as stated in 37 CFR 1.1026. Key points include: Every application must include a reproduction of the claimed design. Reproductions can be drawings (black and white or color) or photographs. The drawing or photograph must…
Read MoreIs a description required in an international design application?
According to MPEP 2920.04(a), a description is not ordinarily required in an international design application beyond a brief description of the drawing. As stated in the MPEP: “No description of the design in the specification beyond a brief description of the drawing is generally necessary, since as a rule the illustration in the drawing views…
Read MoreWhat are the requirements for the claim in an international design application?
The requirements for the claim in an international design application are set forth in 37 CFR 1.1025. Key points include: Only one claim is permitted for purposes of the United States. The claim must be in formal terms to the ornamental design for the article (specifying the name of the article) as shown, or as…
Read MoreHow does inter partes reexamination differ from ex parte reexamination?
Inter partes reexamination differs from ex parte reexamination in several procedural aspects, but not in the substance considered. The MPEP states: “Inter partes reexamination differs from ex parte reexamination in matters of procedure, such as when the third party requester can participate, the types of Office actions and the timing of issuance of the Office…
Read MoreWhat are the time periods for response in an inter partes reexamination proceeding?
The time periods for response in an inter partes reexamination proceeding vary depending on the stage of the process. Here are some key timeframes: After a non-Action Closing Prosecution (non-ACP) Office action: The patent owner typically has two months to respond. After an Action Closing Prosecution (ACP): The patent owner usually has 30 days or…
Read MoreWhen did inter partes reexamination requests cease to be accepted?
Inter partes reexamination requests ceased to be accepted on September 16, 2012. According to MPEP 2612, “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This change was part of the America Invents Act (AIA) reforms to the patent system. To learn more: inter partes reexamination patent law AIA…
Read MoreWhat happens when an Inter Partes Reexamination is merged with a reissue application?
When an Inter Partes Reexamination is merged with a reissue application, the process and outcome are different from a standard reexamination. MPEP 2690 states: “In that situation, the inter partes reexamination proceeding is concluded by the grant of a reissue patent, the reissue patent will constitute the reexamination certificate.” This means that instead of issuing…
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