What happens if an ex parte reexamination certificate is not issued within 3 months?
According to MPEP 2288, if an ex parte reexamination certificate is not issued within 3 months from the day the patent owner’s statement (or the time for filing such a statement expires), the requester may seek court intervention. The MPEP states: “If the reexamination certificate is not issued within that period, the requester may seek…
Read MoreWhat is the effective date for intervening rights in patent reexamination?
The effective date for intervening rights in patent reexamination is crucial for determining when these rights begin to apply. Key points include: The effective date is the issue date of the reexamination certificate. Intervening rights do not apply retroactively to the original patent date. Actions taken after the reexamination certificate’s issue date may be subject…
Read MoreHow does the Official Gazette distinguish between different types of reexamination certificates?
The Official Gazette clearly indicates the type of certificate being issued. According to MPEP 2291: “The notice will clearly indicate the type of certificate, e.g., an ex parte reexamination certificate (for proceedings ordered under 35 U.S.C. 304), an inter partes reexamination certificate, a supplemental examination certificate, or an ex parte reexamination certificate from reexamination ordered…
Read MoreHow is an inter partes reexamination certificate distinguished from an ex parte reexamination certificate in the Official Gazette?
The Official Gazette notice clearly distinguishes an inter partes reexamination certificate from an ex parte reexamination certificate. As stated in MPEP 2691: “The notice of reexamination certificate will clearly state that it is a certificate for a concluded inter partes reexamination proceeding (as opposed to an ex parte reexamination proceeding).” This clear statement ensures that…
Read MoreWhat is the process for handling dependent claims in an inter partes reexamination certificate?
What is the process for handling dependent claims in an inter partes reexamination certificate? The handling of dependent claims in an inter partes reexamination certificate follows specific rules to ensure clarity and proper referencing. According to MPEP 2688: “If a base claim is canceled, each claim which depends from that base claim must be re-written…
Read MoreCan inventorship be corrected during inter partes reexamination?
Yes, inventorship can be corrected during inter partes reexamination. The MPEP provides guidance on this matter: “Correction of inventorship may also be made during reexamination. See 37 CFR 1.324 and MPEP § 1481 for petition for correction of inventorship in a patent.” However, the process for correction is slightly different in reexamination: “If a petition…
Read MoreWhat happens if new drawing sheets are not timely filed in response to a Quayle action during reexamination?
If new drawing sheets are not timely filed in response to a Quayle action during reexamination, the reexamination certificate will be issued without incorporating the proposed changes. The MPEP states: “If the new sheets of drawings are not timely filed in response to the Quayle action, the reexamination certificate will be issued with drawings that…
Read MoreWhat are the consequences of not filing a timely notice of appeal in ex parte reexamination?
If a patent owner fails to file a timely notice of appeal or does not pay the appropriate appeal fee in ex parte reexamination, there are significant consequences. According to MPEP 2273, “If the patent owner does not timely file a notice of appeal and/or does not timely file the appropriate appeal fee, the patent…
Read MoreWhat happens if a patent owner fails to notify the Office of prior or concurrent proceedings?
If a patent owner fails to notify the Office of prior or concurrent proceedings as required by 37 CFR 1.985, there can be serious consequences. According to MPEP 2282: “Where the patent owner has not complied with the notice requirement of 37 CFR 1.985, and the reexamination proceeding is concluded by the issuance and publication…
Read MoreHow is a reexamination proceeding concluded with a Reexamination Certificate?
A reexamination proceeding can be concluded with the issuance of a Reexamination Certificate under 37 CFR 1.570(b). According to MPEP 2294, the process involves: Processing the reexamination as set forth in MPEP § 2287 Review by the CRU Supervisory Patent Reexamination Specialist (SPRS) or TC Quality Assurance Specialist (QAS) The MPEP states: “The proceeding may…
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