What are the restrictions on a third-party requester’s rebuttal brief in inter partes reexamination?
The restrictions on a third-party requester’s rebuttal brief in inter partes reexamination are specified in MPEP 2678, which cites 37 CFR 41.71(c): “(1) The rebuttal brief of any requester may be directed to the examiner’s answer and/or the respondent brief of the owner. (2) The rebuttal brief of a requester may not be directed to…
Read MoreWhat is the time limit for filing a rebuttal brief in an inter partes reexamination?
According to MPEP 2678, the time limit for filing a rebuttal brief in an inter partes reexamination is one month from the mailing date of the examiner’s answer. This is specified in 37 CFR 41.66(d), which states: “Any appellant may file a rebuttal brief under § 41.71 within one month of the date of the…
Read MoreWhat is the process for handling rebuttal briefs in inter partes reexamination?
The process for handling rebuttal briefs in inter partes reexamination involves several steps: The Board of Patent Appeals and Interferences (BPAI) determines compliance with 37 CFR 1.943(c) and 37 CFR 41.71. The Central Reexamination Unit (CRU) retains jurisdiction over the proceeding until a docketing notice is entered. The Board reviews the rebuttal brief and forwards…
Read MoreWhat certification is required for a rebuttal brief in inter partes reexamination?
According to MPEP 2678, which cites 37 CFR 41.71(d), a specific certification is required for a rebuttal brief in inter partes reexamination: “The rebuttal brief must include a certification that a copy of the rebuttal brief has been served in its entirety on all other parties to the proceeding. The names and addresses of the…
Read MoreWhat are the content restrictions for a patent owner’s rebuttal brief?
The content restrictions for a patent owner’s rebuttal brief in an inter partes reexamination are outlined in MPEP 2678, which references 37 CFR 41.71(b): “(1) The rebuttal brief of the owner may be directed to the examiner’s answer and/or any respondent brief. (2) The rebuttal brief of the owner shall not include any new or…
Read MoreWhat happens if a rebuttal brief does not comply with all requirements?
MPEP 2678 outlines the process for handling non-compliant rebuttal briefs in inter partes reexamination, as specified in 37 CFR 41.71(e): “If a rebuttal brief is timely filed under paragraph (a) of this section but does not comply with all the requirements of paragraphs (a) through (d) of this section, appellant will be notified of the…
Read MoreWhat happens if no rebuttal brief is received within the specified time period?
According to MPEP 2678, if no rebuttal brief is received within the one-month period set in the examiner’s answer, the following process occurs: “If no rebuttal brief is received within the one month period set in the examiner’s answer, the Central Reexamination Unit (CRU) will issue a notification letter to parties using form paragraph 26.67,…
Read MoreWhat are the timeframes for filing briefs in an inter partes reexamination appeal?
The timeframes for filing briefs in an inter partes reexamination appeal are specific and cannot be extended. According to MPEP 2662: Appellant Brief: Each party that filed a notice of appeal or notice of cross appeal may file an appellant brief and fee within two months after the last-filed notice of appeal or cross appeal.…
Read MoreWhat happens after the examiner acknowledges a rebuttal brief?
After the examiner acknowledges a rebuttal brief, the following occurs: No further response from the examiner is typically required. Any additional replies or comments from any party will not be considered. The inter partes reexamination proceeding is forwarded to the Board for a decision on the appeal. The MPEP provides two examples of acknowledgments by…
Read MoreWhen does the Central Reexamination Unit (CRU) retain jurisdiction in inter partes reexamination?
The Central Reexamination Unit (CRU) retains jurisdiction over the inter partes reexamination proceeding until specific conditions are met. According to MPEP 2679: “jurisdiction over the inter partes reexamination proceeding (i.e., to consider briefs, conduct an appeal conference, draft an examiner’s answer, and decide the entry of amendments, evidence, and information disclosure statements filed after the…
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