Can the Director of the CRU decide on petitions for extension of time related to court actions?
No, the Director of the Central Reexamination Unit (CRU) does not have the authority to decide on petitions for extension of time related to court actions in reexamination proceedings. According to MPEP 1002.02(c)(4): “Petitions for extension of time in reexamination proceedings (except those related to litigation).” This indicates that while the CRU Director can decide…
Read MoreWhat authority does the Chief Administrative Patent Judge have regarding petitions and matters at the Patent Trial and Appeal Board?
The Chief Administrative Patent Judge has extensive authority over various petitions and matters at the Patent Trial and Appeal Board (PTAB). According to MPEP 1002.02(f), this authority includes: Re-delegating authority to other judges Ordering the dismissal of certain interferences Designating PTAB members for various proceedings Handling requests related to superintending PTAB functions The MPEP states:…
Read MoreWhat types of petitions are decided in the Central Reexamination Unit?
The Central Reexamination Unit (CRU) decides several types of petitions related to ex parte and inter partes reexamination proceedings. These include: Petitions under 37 CFR 1.181(a)(1) from actions or requirements of examiners Petitions under 37 CFR 1.550(c) for time extensions in ex parte reexaminations Petitions under 37 CFR 1.956 for time extensions in inter partes…
Read MoreWho has the authority to decide petitions in the Central Reexamination Unit?
The authority to decide petitions in the Central Reexamination Unit (CRU) is primarily delegated to the Director of the CRU. However, some decisions are further delegated to the CRU Supervisory Patent Reexamination Specialists (SPRS). According to the MPEP: “Where specifically indicated, the authority is further delegated to the CRU Supervisory Patent Reexamination Specialists (SPRS) as…
Read MoreWhat types of petitions are decided by Administrative Patent Judges?
Administrative Patent Judges decide several types of petitions, including: Certification of policy questions Motions to waive or suspend rules in patent trials Declarations and re-declarations of interferences Institutions of derivation proceedings Motions to suspend interferences involving patents under reexamination As stated in MPEP 1002.02(g), these decisions are made in accordance with specific regulations such as…
Read MoreCan a petition be accepted after the two-month filing period?
While the general rule is that petitions should be filed within two months, the USPTO does have discretion to accept late-filed petitions. According to the MPEP: “37 CFR 1.181(f) authorizes deciding officials to reasonably exercise discretion to accept a petition filed more than 2 months after the date of the action or notice from which…
Read MoreWhat happens if required information under 37 CFR 1.105 is not known or readily available?
What happens if required information under 37 CFR 1.105 is not known or readily available? If the information required under 37 CFR 1.105 is not known to any individual designated in 37 CFR 1.56(c) and is not readily available to the applicant, a petition can be filed. The MPEP 704.14(c) states: If information required to…
Read MoreWhat are the grounds for petitioning a requirement under 37 CFR 1.105?
What are the grounds for petitioning a requirement under 37 CFR 1.105? Petitions to requirements under 37 CFR 1.105 can be filed on the following grounds: Relevance: The requirement is not relevant to the examination of the application. Proprietary information: The required information is trade secret, proprietary, or subject to a protective order. Undue burden:…
Read MoreHow does the USPTO handle petitions challenging the appropriateness of 37 CFR 1.105 requirements?
How does the USPTO handle petitions challenging the appropriateness of 37 CFR 1.105 requirements? The USPTO handles petitions challenging the appropriateness of 37 CFR 1.105 requirements based on the stage of prosecution. According to MPEP 704.14(c): If the petition argues that the requirement is not appropriate for the stage of prosecution that the application was…
Read MoreHow does the USPTO handle petitions against 37 CFR 1.105 requirements?
The USPTO has a specific process for handling petitions against requirements under 37 CFR 1.105, as described in MPEP 704.14(c): The petition is reviewed by the Technology Center (TC) Director. If the TC Director agrees that the requirement was improper, they will withdraw the requirement. If the TC Director disagrees, they will deny the petition.…
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