Can a patent undergo multiple reexaminations?
Yes, a patent can undergo multiple reexaminations. This is evident from the concept of “reexamination of a reexamination” discussed in MPEP ยง 2695. The section states: “…a reexamination request filed on a patent for which a reexamination certificate has already issued, or a reexamination certificate issues on a prior reexamination, while the new reexamination is…
Read MoreHow are multiple dependent claims treated in reexamination certificates?
Multiple dependent claims receive special treatment when preparing a reexamination certificate. The treatment differs between the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) and the Examiner’s Checklist. MPEP 2287 provides detailed guidance on this topic. For the NIRC, the addition or deletion of a claim in multiple dependency is viewed as adding…
Read MoreHow are patents and printed publications listed on a reexamination certificate?
Patents and printed publications are listed on a reexamination certificate in a specific manner. According to MPEP 2257: “The patents and printed publications will be listed on the reexamination certificate by the examiner’s amendment at the time of allowance. Such entry is made in the second or subsequent paragraph of the Reasons for Patentability and/or…
Read MoreHow is a correction of inventorship reflected in the reexamination certificate?
When a petition for correction of inventorship is granted during a reexamination proceeding, the correction is reflected in the reexamination certificate. According to MPEP 2250.02: “If the petition under 37 CFR 1.324 is granted, a certificate of correction indicating the change of inventorship will not be issued, because the reexamination certificate that will ultimately issue…
Read MoreWhat is the relationship between intervening rights and the effective date of the reexamination certificate?
What is the relationship between intervening rights and the effective date of the reexamination certificate? The effective date of the reexamination certificate is crucial in determining the application of intervening rights. According to MPEP 2293: “The date of the reexamination certificate is the date of issue from which the patent claims as stated in the…
Read MoreHow do intervening rights apply to ex parte reexamination certificates?
How do intervening rights apply to ex parte reexamination certificates? Intervening rights apply to ex parte reexamination certificates in the same way they apply to reissue patents. According to MPEP 2293: “35 U.S.C. 307(b) provides that statements in an ex parte reexamination certificate do not have the effect of the statements provided in 35 U.S.C.…
Read MoreWhat happens if litigation is pending when the inter partes reexamination certificate is to be issued?
What happens if litigation is pending when the inter partes reexamination certificate is to be issued? If litigation is pending when the inter partes reexamination certificate is to be issued, the USPTO takes specific steps to ensure proper handling. According to MPEP 2688: “If the reexamination proceeding is ready for issuance of a certificate, but…
Read MoreHow does the Official Gazette notice indicate changes to the specification or drawing in an inter partes reexamination?
The Official Gazette notice for an inter partes reexamination certificate provides information about changes to the specification or drawing of the reexamined patent. As stated in MPEP 2691: “Additionally, a representative claim will be published along with an indication of any changes to the specification or drawing.” This indication serves to alert interested parties about…
Read MoreHow are ex parte reexamination proceedings conducted?
Ex parte reexamination proceedings are conducted according to 35 U.S.C. 305, which states: “reexamination will be conducted according to the procedures established for initial examination under the provisions of sections 132 and 133.” This means that the examination process follows similar procedures to the initial patent examination. Additionally, the MPEP states that “The examination will…
Read MoreHow does ex parte reexamination affect intervening rights?
Ex parte reexamination can affect intervening rights in the following ways: If claims are amended or new claims are added during reexamination, intervening rights may apply to these changed or new claims. Intervening rights only apply to claims that are not substantially identical to the original claims. The effective date for intervening rights is the…
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