What happens if an inter partes reexamination request is denied?
If an inter partes reexamination request is denied, the requester has the option to seek review of the decision. The MPEP outlines this process: “If a decision to deny an order for reexamination is made, the requester may seek review by a petition under 37 CFR 1.181. See 37 CFR 1.927.” However, it’s important to…
Read MoreCan an applicant challenge a restriction requirement?
Yes, an applicant can challenge a restriction requirement made by a patent examiner. The MPEP § 821 provides guidance on this process: “Applicant may traverse the requirement pursuant to 37 CFR 1.143. If a final requirement for restriction is made by the examiner, applicant may file a petition under 37 CFR 1.144 for review of…
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