What is the statutory basis for ex parte reexamination of patents?
The statutory basis for ex parte reexamination of patents was established on July 1, 1981, through sections 301-307 of title 35, United States Code, added by Public Law 96-517. The MPEP states: “Statutory basis for citation of prior art patents or printed publications in patent files and ex parte reexamination of patents became available on…
Read MoreHow should prior art be cited in an inter partes reexamination request?
When citing prior art in an inter partes reexamination request, it’s important to follow the specific guidelines outlined in MPEP 2657. The manual states: “The prior art patents and printed publications should be listed in a form similar to that provided by 37 CFR 1.98(b)(1) and (2). The request must also include a copy of…
Read MoreWhat are the requirements for citing prior art in a patent examiner’s office action?
What are the requirements for citing prior art in a patent examiner’s office action? When citing prior art in an office action, patent examiners must follow specific requirements to ensure clarity and completeness. According to MPEP 707.05, examiners should: Cite domestic and foreign patents by document number, kind code, and date Include the name of…
Read MoreWhat is the significance of 35 U.S.C. 301 in citing prior art?
What is the significance of 35 U.S.C. 301 in citing prior art? 35 U.S.C. 301 plays a crucial role in the citation of prior art for patents. According to MPEP 707.05: ‘Availability of newly discovered references should be reported to the examiner even though the application is allowed or in issue.’ This statute allows any…
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