How are time extensions handled in PTAB proceedings?

Time extensions in Patent Trial and Appeal Board (PTAB) proceedings are handled by the Chief Administrative Patent Judge. According to MPEP 1002.02(f), the Chief Administrative Patent Judge is responsible for “Petitions for extension of time in Patent Trial and Appeal Board proceedings.” This means that if a party in a PTAB proceeding requires additional time,…

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What is the duty of a reissue applicant regarding prior or concurrent proceedings?

According to 37 CFR 1.178(b), a reissue applicant has a duty to inform the USPTO about any prior or concurrent proceedings involving the patent for which reissue is requested. This includes: Interferences or trials before the Patent Trial and Appeal Board Reissues Reexaminations Litigations The MPEP states: “Where the patent for which reissue is being…

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What are the Chief Administrative Patent Judge’s responsibilities regarding PTAB member designations?

The Chief Administrative Patent Judge has significant responsibilities in designating members of the Patent Trial and Appeal Board (PTAB) for various proceedings. According to MPEP 1002.02(f), these responsibilities include: Designating PTAB members to review adverse decisions of examiners on patent applications Designating members for ex parte reexaminations Designating members for derivation proceedings, inter partes reviews,…

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What types of proceedings should be reported to the USPTO in a reissue application?

When filing a reissue application, applicants should report various types of proceedings involving the original patent. The MPEP specifies the following proceedings: Interferences Trials before the Patent Trial and Appeal Board (PTAB), including: Derivation proceedings Post-grant review Inter partes review Covered business method proceedings Reissues Reexaminations Litigations The MPEP states: “Additional proceedings that should be…

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What is the role of the Chief Administrative Patent Judge in PTAB proceedings?

The Chief Administrative Patent Judge plays a crucial role in Patent Trial and Appeal Board (PTAB) proceedings. According to MPEP 1002.02(f), their responsibilities include: Designating panels to conduct hearings in the PTAB Deciding petitions for extensions of time in PTAB proceedings Making determinations of whether to allow amendments to the description of the invention in…

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How does the MPEP 715.07(c) address the use of information from NAFTA and WTO countries in patent proceedings?

MPEP 715.07(c) addresses the use of information from NAFTA and WTO countries in patent proceedings by referencing pre-AIA 35 U.S.C. 104(a)(3), which states: “To the extent that any information in a NAFTA country or a WTO member country concerning knowledge, use, or other activity relevant to proving or disproving a date of invention has not…

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