How should USPTO personnel handle inquiries from third parties about supplemental examination?
USPTO personnel should not engage in discussions with third parties regarding specific supplemental examination proceedings. The MPEP 2803.01 states: “Office personnel, including both the examining and the technical support staff, should not enter into a discussion with, or answer inquiries from, third parties (i.e., parties who are not the patent owner) regarding a supplemental examination…
Read MoreHow does supplemental examination differ from ex parte reexamination?
Supplemental examination differs from ex parte reexamination in several key aspects: Information scope: Supplemental examination allows consideration of any information relevant to the patent, while ex parte reexamination is limited to patents and printed publications. Grounds of patentability: Supplemental examination can involve any ground of patentability, including subject matter eligibility, novelty, obviousness, written description, enablement,…
Read MoreHow are maintenance fees for reissue patents handled?
Maintenance fees for reissue patents follow the same schedule as the original utility patent. According to MPEP 2506: “Maintenance fees for all reissue patents are due based upon the schedule established for the original utility patent.” It’s important to note that reexamination proceedings do not affect the maintenance fee schedule: “The filing of a request…
Read MoreWhat is the process for refusing the effects of a correction in the International Register?
What is the process for refusing the effects of a correction in the International Register? The process for refusing the effects of a correction in the International Register is as follows: The International Bureau (IB) notifies designated Contracting Parties of any correction to the International Register. Designated offices have the right to declare that they…
Read MoreHow is a change in ownership recorded in the International Register?
How is a change in ownership recorded in the International Register? Recording a change in ownership in the International Register involves the following steps: The request can be submitted either through the Office of the Contracting Party of the holder or directly to the International Bureau (IB). The request must be made on the official…
Read MoreAre there any more FAQs about MPEP 2530 – Special Acceptance of Maintenance Fee Payments Containing Informalities?
No more FAQs can be generated for this specific MPEP section. The existing FAQs have comprehensively addressed the main points of the “Special Acceptance of Maintenance Fee Payments Containing Informalities” section, covering topics such as the conditions for special acceptance, the process for correcting informalities, and the implications for patent holders. To learn more: maintenance…
Read MoreWhat are the key procedures for conducting inter partes reexamination proceedings?
Inter partes reexamination proceedings are conducted according to specific procedures established by law and regulation. According to MPEP 2654: Reexamination follows procedures similar to initial examination, as stated in 35 U.S.C. 314(a): “Except as otherwise provided in this section, reexamination shall be conducted according to the procedures established for initial examination under the provisions of…
Read MoreAre interviews allowed during supplemental examination proceedings?
No, interviews are strictly prohibited during supplemental examination proceedings. This is clearly stated in 37 CFR 1.620(e): “Interviews are prohibited in a supplemental examination proceeding.” The MPEP explains that this prohibition is in place to help the Office process supplemental examination requests within the statutory three-month period. Any request for an interview filed during a…
Read MoreHow can I electronically file an ex parte reexamination request?
As of July 9, 2007, the USPTO began accepting ex parte reexamination requests and subsequent correspondence through its Web-based electronic filing system (EFS-Web). The MPEP states: “The Office has updated the Legal Framework for Patent Electronic System to set forth that requests for reexamination, and proper reexamination ‘follow-on’ papers (see MPEP § 2267) are permitted…
Read MoreHow are corrections to the International Register handled?
How are corrections to the International Register handled? Corrections to the International Register are handled as follows: The International Bureau (IB) may correct any error in the International Register. Corrections may be made ex officio or at the request of the holder. The IB notifies the holder and the offices of designated Contracting Parties of…
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