What are the requirements for filing an ex parte reexamination request?
Filing an ex parte reexamination request requires several key elements as outlined in 37 CFR 1.510(b): A statement pointing out each substantial new question of patentability based on prior patents and printed publications. An identification of every claim for which reexamination is requested, with a detailed explanation of how the cited prior art applies to…
Read MoreHow does the USPTO count items of information in a supplemental examination request?
The USPTO has specific guidelines for counting items of information in a supplemental examination request, as outlined in MPEP 2809: The Office counts the number of items presented, not the number of issues raised or grounds for consideration. A single reference raising multiple issues under different statutes (e.g., 35 U.S.C. 102, 103, and 112) is…
Read MoreWhat are the basic characteristics of inter partes reexamination?
Inter partes reexamination has several key characteristics as outlined in MPEP 2609: It could be requested by any third party before September 16, 2012, during the enforceability period of eligible patents. Prior art is limited to patents or printed publications under 35 U.S.C. 102 and 103. A specific standard must be met for reexamination to…
Read MoreCan audio or video recordings be submitted as items of information in supplemental examination?
According to MPEP 2809, audio or video recordings cannot be directly submitted as items of information in supplemental examination. The MPEP states: “The Office does not currently have the capability of retaining records in unwritten form. For this reason, any audio or video recording must be submitted in the form of a written transcript in…
Read MoreCan amendments be submitted with a supplemental examination request?
No, amendments cannot be submitted with a supplemental examination request. MPEP 2809 clearly states: “No amendment may be filed in a supplemental examination proceeding. 37 CFR 1.620(f). Any paper containing an amendment that is filed in a supplemental examination proceeding is an unauthorized paper, and will be expunged from the file if inadvertently entered.” However,…
Read MoreHow are applications reviewed for possible abandonment?
Applications are typically reviewed for possible abandonment after the maximum permissible period for extension of time under 37 CFR 1.136(a) plus one month has expired. The appropriate examiner carefully scrutinizes the applications to verify their abandoned status. According to MPEP 711.04(a): “Applications are not ordinarily reviewed for possible abandonment until the maximum permissible period for…
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