Can the USPTO make telephone calls during inter partes reexamination proceedings?
The USPTO may, in its sole discretion, make limited telephone calls during inter partes reexamination proceedings. According to MPEP 2685, “The Office may, in its sole discretion, telephone a party as to matters of completing or correcting the record of a file, where the subject matter discussed does not go to the merits of the…
Read MoreHow are telephone calls recorded in inter partes reexamination proceedings?
When the USPTO makes a telephone call during an inter partes reexamination proceeding, it must be properly documented. The MPEP 2685 states: “If the party is reached by telephone and the matter is resolved, then the next Office communication as may be appropriate (e.g., Office action, NIRC) should make the telephone call of record. Any…
Read MoreCan procedural matters be discussed in inter partes reexamination proceedings?
Yes, questions on strictly procedural matters may be discussed with the parties in inter partes reexamination proceedings. The MPEP 2685 provides guidance: “Questions on strictly procedural matters may be discussed with the parties. The guidance to follow is that any information which a person could obtain by reading the file (which is open to the…
Read MoreAre all discussions during a patent interview required to be recorded?
Not all discussions during a patent interview are required to be recorded. MPEP 713.04 specifies certain types of discussions that are excluded from the interview recordation procedures: Discussions regarding only procedural matters Discussions directed solely to restriction requirements for which interview recordation is otherwise provided for in MPEP § 812.01 Discussions pointing out typographical errors…
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