Can collateral estoppel apply in patent reexamination proceedings?

Collateral estoppel, or issue preclusion, can apply in certain circumstances during patent reexamination proceedings. According to MPEP § 2259: “If the claims in a reexamination proceeding present the same issue(s) as claims that were finally held invalid by a federal court in a proceeding involving a different patent in the same patent family, collateral estoppel…

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How can a patent owner change the correspondence address for a patent under reexamination?

To change the correspondence address for a patent under reexamination, the patent owner should submit a request to the USPTO. The MPEP 2222 provides specific instructions for such submissions: “Where a request for ex parte reexamination has been filed:” Mail Stop “Ex Parte Reexam”Attn: Central Reexamination UnitCommissioner for PatentsP.O. Box 1450Alexandria, VA 22313-1450 For inter…

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How is a decision by the Board of Patent Appeals and Interferences (BPAI) processed in reexamination?

How is a decision by the Board of Patent Appeals and Interferences (BPAI) processed in reexamination? When the Board of Patent Appeals and Interferences (BPAI) issues a decision in a reexamination proceeding, the following steps are taken: The decision is scanned into the Image File Wrapper (IFW). The decision is forwarded to the Central Reexamination…

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When can the Board assume jurisdiction in patent proceedings?

The Board of Patent Appeals and Interferences (BPAI) has broad authority to assume jurisdiction in various patent-related proceedings. According to MPEP 2312: “The Board may assume jurisdiction of any application, including those involved in reexamination proceeding(s) or reissue application(s), or any issued patent in which a petition for derivation has been filed.” This means the…

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