When was the deadline for filing inter partes reexamination requests?
The deadline for filing inter partes reexamination requests was September 15, 2012. According to MPEP 2641, “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This means that the last day to file such requests was September 15, 2012. To learn more: inter partes reexamination filing deadline patent procedure…
Read MoreHow is a supplemental examination proceeding initiated?
A supplemental examination proceeding is initiated by filing a request that complies with specific requirements. According to MPEP 2817: “A supplemental examination proceeding is initiated by the filing of a request for supplemental examination that complies with 35 U.S.C. 257 and 37 CFR 1.601 et seq., and all other applicable rules” This means that patent…
Read MoreWhat are the requirements for filing an Information Disclosure Statement in reexamination proceedings?
Filing an Information Disclosure Statement (IDS) in reexamination proceedings has specific requirements. MPEP 2280 states: “Individuals are strongly encouraged to file information disclosure statements in accordance with 37 CFR 1.98, within two months of the date of the order to reexamine, or as soon thereafter as possible, in order to bring the patents or printed…
Read MoreWhy is an independent depository important for biological material deposits in patents?
The importance of an independent depository for biological material deposits in patents is emphasized in MPEP 2405. The key reasons include: Ensuring safe and reliable storage of deposited biological material Minimizing the opportunity for intentional mishandling or negligent handling Preserving the integrity of the deposit process Maintaining availability of the material during and after the…
Read MoreDoes listing a reference in an Information Disclosure Statement (IDS) constitute an admission of prior art?
No, merely listing a reference in an Information Disclosure Statement (IDS) is not considered an admission that the reference is prior art against the claims. According to MPEP 2129: “Mere listing of a reference in an information disclosure statement is not taken as an admission that the reference is prior art against the claims.” This…
Read MoreHow can I withdraw my application for patent term extension?
To withdraw an application for patent term extension, you must follow the procedure outlined in 37 CFR 1.770. Specifically: File a written declaration of withdrawal in duplicate with the USPTO. Ensure the declaration is signed by the patent owner of record or their agent. Submit the withdrawal before a determination is made under 37 CFR…
Read MoreHow are untimely papers handled in inter partes reexamination?
Untimely papers in inter partes reexamination are handled according to specific procedures outlined in MPEP 2625. The process is as follows: Papers filed prior to the first Office action that are not authorized will be returned without consideration. If such papers are inadvertently entered, they will be expunged from the record. A notification letter about…
Read MoreWhat happens to untimely papers filed before the decision on an ex parte reexamination request?
Untimely papers filed before the decision on an ex parte reexamination request are subject to specific handling procedures. According to MPEP 2225: “Any papers directed to the merits of the reexamination other than those under 37 CFR 1.501 or 1.555, or MPEP § 2282, filed prior to the decision on the request will be returned…
Read MoreWhat happens if a proposed amendment in reexamination doesn’t comply with regulations?
If a proposed amendment in a reexamination proceeding doesn’t comply with the regulations set forth in 37 CFR 1.530(d)-(j), the patent owner will be notified and given an opportunity to correct the issue. The MPEP provides a standardized form paragraph (26.05.01) for examiners to use in such cases: The amendment filed [1] proposes amendments to…
Read MoreWhat happens if a 37 CFR 1.501 submission is improper?
If a submission under 37 CFR 1.501 is deemed improper, it will not be entered into the patent file. The MPEP states: “If the 37 CFR 1.501 submission is not proper because it is not limited to patents, printed publications, and/or patent owner written claim scope statements and additional information or it fails to include…
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