What is the process for petitioning a denial of an inter partes reexamination request?
If a request for inter partes reexamination is denied, the third-party requester can petition for review. According to MPEP 2648: “The third party requester may seek review by a petition to the Director under § 1.181 within one month of the mailing date of the examiner’s determination refusing to order inter partes reexamination.” This petition…
Read MoreWhat is the process for petitioning a denial of an ex parte reexamination request?
If a request for ex parte reexamination under 35 U.S.C. 302 is denied, the requester can petition for review. According to MPEP 2248: “The requester may seek review by a petition to the Director under § 1.181 within one month of the mailing date of the examiner’s determination refusing ex parte reexamination. Any such petition…
Read MoreWhat is required for reconsideration in a patent reexamination?
For reconsideration in a patent reexamination, the patent owner must respond to the Office action. As stated in MPEP 2269: “In order to be entitled to reconsideration, the patent owner must respond to the Office action. 37 CFR 1.111(b).” This response can be with or without amendment, and the patent will be reconsidered accordingly. To…
Read MoreAre fee reductions available for patent reexamination?
Yes, fee reductions are available for patent reexamination, but with certain limitations. According to MPEP 2233: “Small entity and micro entity reductions are available to the patent owner for excess claim fees, appeal, appeal forwarding, and oral hearing fees. For the request and petition fees, small entity reductions are available to both third party requesters…
Read MoreWho can sign amendments and other papers in a patent reexamination proceeding?
According to MPEP 2622, amendments and other papers filed in a reexamination proceeding must be signed by specific individuals. The section states: “Amendments filed in a reexamination proceeding, and other papers filed in a reexamination or supplemental examination proceeding, on behalf of the patent owner must be signed by the patent owner, or if there…
Read MoreWhat is the correct address for correspondence in patent reexamination proceedings?
According to MPEP 2622, the correct address for all notices, official letters, and other communications for patent owners in reexamination proceedings is the correspondence address for the patent being reexamined. This is specified in 37 CFR 1.33(c), which states: “All notices, official letters, and other communications for the patent owner or owners in a reexamination…
Read MoreWhat are the restrictions on amendments in patent reexamination?
Amendments in patent reexamination are subject to several restrictions: They may not enlarge the scope of a claim of the patent or introduce new matter. Amended or new claims that broaden or enlarge the scope of a claim should be rejected under 35 U.S.C. 305. Amendments do not become effective in the patent until the…
Read MoreHow should amendments be formatted in patent reexamination?
Amendments in patent reexamination must follow specific formatting rules: Changes to the specification must be made by submission of the entire text of each added or rewritten paragraph with markings. For claims, the full text of any amended claim must be presented with markings. Underlining is used for additions, and single brackets for deletions. All…
Read MoreWhat is the panel review process in patent reexamination?
The panel review process is an additional layer of quality control in patent reexamination. According to MPEP § 2289: “In addition to the CRU SPRS or TC QAS review of the reexamination cases, a panel review is made prior to issuing Office actions as set forth in MPEP § 2271.01.” This panel review helps ensure…
Read MoreWhat is the PALM system and how is it used in patent reexamination?
The Patent Application Locating and Monitoring (PALM) system is a crucial tool used to support the reexamination process in the USPTO. According to MPEP 2635, “The PALM system is used to monitor major events that take place in processing reexamination proceedings.” It provides information on: Reexamination file data Patent owner and requester details Contents and…
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