What is a reexamination certificate?
A reexamination certificate is a document issued by the USPTO after the completion of a patent reexamination process. It confirms the patentability of the original patent claims, cancels any unpatentable claims, or incorporates allowed amended or new claims. The distribution of this certificate is crucial, as outlined in MPEP 2292: “An e-copy of the reexamination…
Read MoreWhat are the three ways an inter partes reexamination proceeding can be concluded?
According to MPEP 2694, inter partes reexamination proceedings can be concluded in three ways: (A) By bringing the prosecution to an end through denial, vacating, or termination of the reexamination proceeding. (B) By issuing a reexamination certificate under 37 CFR 1.997(b). (C) By merging the reexamination proceeding with a reissue proceeding and granting a reissue…
Read MoreWhat happens if reexamination proceedings are not merged?
When reexamination proceedings are not merged, they are typically conducted separately to maintain the “special dispatch” requirement. As explained in MPEP 2686.01: “If the Office does not merge, the first reexamination proceeding can be concluded, and any question of patentability raised by the second reexamination request can be resolved in the second proceeding, with no…
Read MoreWhat are the requirements for submitting information after the Notice of Intent to Issue Reexamination Certificate (NIRC)?
Submitting information after the Notice of Intent to Issue Reexamination Certificate (NIRC) requires meeting specific criteria due to the advanced stage of the reexamination process. According to MPEP 2656, the submission must be accompanied by: A factual accounting providing a sufficient explanation of why the information could not have been submitted earlier An unequivocal statement…
Read MoreWhat is the significance of the Official Gazette notice for reexamination certificates?
The Official Gazette notice for reexamination certificates serves several important purposes: It provides public notice of the outcome of a reexamination proceeding It offers a summary of changes to the patent resulting from the reexamination It helps interested parties quickly assess the impact of the reexamination on the patent It distinguishes between different types of…
Read MoreWhat is the significance of a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC)?
A Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) is a crucial document in the ex parte reexamination process. Its significance is outlined in MPEP 2260: “If the patent owner’s response overcomes all rejections and objections, a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) should be issued.” The NIRC serves…
Read MoreWhat is the significance of including the status of each claim in the Official Gazette notice for an inter partes reexamination certificate?
Including the status of each claim in the Official Gazette notice for an inter partes reexamination certificate is significant because it provides a comprehensive overview of the reexamination’s outcome. According to MPEP 2691: “The Official Gazette notice will include […] an indication of the status of each claim after the conclusion of the reexamination proceeding.”…
Read MoreWhat are the requirements for a submission of patents and publications to be included in the reexamination certificate?
For a submission of patents and publications to be included in the reexamination certificate, it must meet specific requirements. MPEP 2257 outlines these requirements: “A submission of patents and/or publications is entitled to entry and citation in the reexamination certificate (that will be issued) when it complies with 37 CFR 1.98 and is submitted:” By…
Read MoreWho receives copies of the reexamination certificate?
According to MPEP 2292, copies of the reexamination certificate are distributed to several entities: Depository libraries Foreign patent offices with exchange agreements with the USPTO The MPEP states: “A copy of the certificate will also be forwarded to all depository libraries and to those foreign offices which have an exchange agreement with the U.S. Patent…
Read MoreWhat happens if a reexamination certificate is about to issue during a new reexamination request?
If a reexamination certificate for a prior reexamination is about to issue when a new reexamination request is filed, the proceedings are typically not merged. According to MPEP 2295: “If the certificate for the first reexamination proceeding will issue before the decision on the second request must be decided, the reexamination certificate is allowed to…
Read More