What types of time extension petitions are decided by the USPTO General Counsel?
The USPTO General Counsel decides on specific types of time extension petitions related to appeals and civil actions. According to MPEP 1002.02(k)(1): “Petitions (under 37 CFR 90.3(c) or 37 CFR 2.145(e)) seeking to extend the time for filing a notice of appeal to the U.S. Court of Appeals for the Federal Circuit or for commencing…
Read MoreHow are petitions to the Director of the USPTO handled?
Petitions to the Director of the USPTO from actions taken by the Patent Trial and Appeal Board (PTAB) are handled through a specific process, as outlined in the MPEP: The Deputy Director of the USPTO is delegated the authority to decide these petitions, except for matters delegated to other PTAB officials. Upon receipt, the entire…
Read MoreWhat matters are decided by the Deputy Director of the USPTO?
The Deputy Director of the USPTO is responsible for deciding petitions to the Director of the USPTO from actions taken by the Patent Trial and Appeal Board (PTAB) for matters not otherwise delegated to other PTAB officials. Specifically, the MPEP states: “The Deputy Director of the USPTO has been delegated the authority to decide petitions…
Read MoreWhat types of cases are considered “contested cases” before the PTAB?
According to MPEP 1449, contested cases before the Patent Trial and Appeal Board (PTAB) include several types of proceedings: “A contested case includes a derivation proceeding, an inter partes review, a post-grant review, and a covered business method review.” These proceedings are part of the post-grant patent review process and can be initiated to challenge…
Read MoreHow are time extensions handled in PTAB proceedings?
Time extensions in Patent Trial and Appeal Board (PTAB) proceedings are handled by the Chief Administrative Patent Judge. According to MPEP 1002.02(f), the Chief Administrative Patent Judge is responsible for “Petitions for extension of time in Patent Trial and Appeal Board proceedings.” This means that if a party in a PTAB proceeding requires additional time,…
Read MoreAre extensions of time available for responding to PTAB requests for additional briefing?
Extensions of time for responding to Patent Trial and Appeal Board (PTAB) requests for additional briefing are limited. According to MPEP 1212: “Extensions of time are only available under 37 CFR 1.136(b).“ This means that extensions are not automatically granted and are subject to stricter requirements than standard extensions. Under 37 CFR 1.136(b), extensions may…
Read MoreWhat are the rules for sealing documents in PTAB proceedings?
The Patent Trial and Appeal Board (PTAB) has specific rules for sealing documents in trial proceedings to protect confidential information. According to MPEP 1002.02(j): “Motions to seal a document or thing in a trial proceeding. 37 CFR 42.14, 42.54, and 42.55.” The process for sealing documents typically involves: Filing a motion to seal, which must…
Read MoreWhat resources are available for understanding inter partes review, post grant review, and covered business method review?
Information about inter partes review, post grant review, and covered business method review can be found in the Office Patent Trial Practice Guide. According to MPEP 1400.01: “The sixth, seventh, and eighth ways (inter partes review, post grant review, and covered business method review) are discussed in the Office Patent Trial Practice Guide available at…
Read MoreWhat should be included in a request for rehearing after a new ground of rejection?
When requesting a rehearing after the Patent Trial and Appeal Board (PTAB) issues a new ground of rejection, the appellant must address specific points in their request. According to MPEP 1213.02, the request for rehearing should include: An address of the new ground of rejection A statement with particularity of the points believed to have…
Read MoreWhat happens if an appellant chooses to reopen prosecution after a new ground of rejection?
If an appellant chooses to reopen prosecution after the Patent Trial and Appeal Board (PTAB) issues a new ground of rejection, the process is as follows, according to MPEP 1213.02: The appellant submits an amendment to the rejected claims, new evidence, or both. The case is remanded to the examiner for reconsideration. The new ground…
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