How are claims considered in a Reexamination of a Reexamination?
In a Reexamination of a Reexamination, the claims are considered based on the modifications made by the previous reexamination certificate. MPEP 2295 states: “The reexamination request is to be considered based on the claims in the patent as modified by the previously issued reexamination certificate, and not based on the original claims of the patent.”…
Read MoreHow are cancelled claims indicated in an inter partes reexamination certificate?
How are cancelled claims indicated in an inter partes reexamination certificate? In an inter partes reexamination certificate, cancelled claims are clearly indicated to show the changes made to the patent. According to MPEP 2688: “Claims which were canceled by the reexamination proceeding are omitted from the inter partes reexamination certificate. Such claims are listed at…
Read MoreWhat happens if all claims are canceled in an ex parte reexamination?
What happens if all claims are canceled in an ex parte reexamination? If all claims are canceled in an ex parte reexamination, the proceeding concludes with a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC). The MPEP states: “If all claims are canceled in an ex parte reexamination proceeding, a NIRC will still…
Read MoreHow are canceled claims handled in the ex parte reexamination certificate?
Canceled claims are handled specifically in the ex parte reexamination certificate. The MPEP 2287 states: “Claims which were canceled will be replaced by a statement in the reexamination certificate that the claims were canceled.” This means that rather than simply omitting the canceled claims, the certificate explicitly acknowledges their cancellation. This approach ensures a clear…
Read MoreHow is the list of prior art documents made available after reexamination?
After the reexamination process is complete, the list of prior art documents is made available to the public. MPEP 2257 explains: “A notice will be printed on the reexamination certificate to state that the list of cited prior art documents will be available via the USPTO patent electronic filing system by the reexamination control number.”…
Read MoreHow is the list of cited prior art documents made available after reexamination?
After a patent reexamination is completed, the list of cited prior art documents is made available to the public. According to MPEP 2657: “A notice will be printed on the reexamination certificate to state that the list of cited prior art documents will be available via PAIR by the reexamination control number.” This means that…
Read MoreCan a reissue application proceed if all patent claims were canceled by a reexamination certificate?
Yes, a reissue application can still proceed even if all patent claims were canceled by a reexamination certificate. However, specific steps must be taken: The patent owner must file a petition under 37 CFR 1.183 to waive 37 CFR 1.570 and/or 37 CFR 1.997(d), depending on the type of reexamination. The petition would be grantable…
Read MoreHow does the USPTO handle a situation where a reexamination certificate is to be issued while a reissue application is pending?
When a reexamination certificate is to be issued for a patent while a reissue application for the same patent is pending, the USPTO follows a specific procedure: The examiner will not act on the reissue application until the certificate issues and publishes. After the certificate is published, the Office will resume examination of the reissue…
Read MoreWhat happens to petitions to accept late papers after a reexamination certificate is issued?
The issuance of a reexamination certificate marks a significant point in the reexamination process. According to MPEP 1002.02(c)(4), the Director of the Central Reexamination Unit (CRU) has the authority to decide on: “Petitions to accept late papers in reexamination proceedings where a reexamination certificate has not been issued.” This implies that once a reexamination certificate…
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