How does the USPTO handle submissions of copending reexamination proceedings and applications?

The USPTO has specific guidelines for handling submissions related to copending reexamination proceedings and applications. According to the MPEP: “It is not required nor is it permitted that parties submit copies of copending reexamination proceedings and applications (which copies can be mistaken for a new request/filing); rather, submitters may provide a notice identifying the application/proceeding…

Read More

How can parties request a suspension of an interference due to a reexamination proceeding?

Parties can request a suspension of an interference due to a reexamination proceeding through two main methods: Motion to Suspend Interference: A party to the interference can file a miscellaneous motion under 37 CFR 41.121(a)(3) to suspend the interference pending the outcome of a reexamination proceeding. This motion must be presented to the Administrative Patent…

Read More

What does “reasonable notice” mean in the context of attorney withdrawal from patent proceedings?

In the context of attorney withdrawal from patent proceedings, “reasonable notice” is not strictly defined by a specific time period. According to MPEP 2623: “‘Reasonable notice’ would allow a reasonable amount of time for the client to seek the services of another practitioner prior to the expiration of any applicable response period.” This means that…

Read More

Is there a minimum time requirement for attorney withdrawal before a response deadline in patent proceedings?

No, there is no longer a minimum time requirement for attorney withdrawal before a response deadline in patent proceedings. The MPEP 2623 states: “For a practitioner to withdraw from a patent and/or reexamination proceeding, the Office no longer requires that there be at least 30 days remaining in any running period for response between the…

Read More

What happens when multiple reexamination proceedings are filed for the same patent?

When multiple reexamination proceedings are filed for the same patent, the U.S. Patent and Trademark Office (USPTO) may decide to merge the proceedings or suspend one of them. According to MPEP 2686.01, “Where a second request for reexamination is filed and reexamination is ordered, and a first reexamination proceeding is pending, the proceedings will be…

Read More