How are decisions on inter partes reexamination requests communicated?

Decisions on inter partes reexamination requests are communicated through formal office actions issued by the USPTO. These decisions typically include: A clear statement granting or denying the reexamination request An explanation of the reasoning behind the decision Identification of claims to be reexamined (if granted) Instructions for further correspondence The MPEP provides example decision formats,…

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How does the examiner’s decision granting a reexamination request differ from determining patentability?

The examiner’s decision granting a reexamination request focuses on whether there is a substantial new question of patentability (SNQ) or a reasonable likelihood that the requester will prevail (RLP), rather than determining the ultimate patentability of the claims. According to MPEP 2646: “In the decision on the request, the examiner does not decide the ultimate…

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What is the role of the Central Reexamination Unit (CRU) Legal Instrument Examiner (LIE) in processing reexamination decisions?

The Central Reexamination Unit (CRU) Legal Instrument Examiner (LIE) plays a crucial role in processing reexamination decisions. According to MPEP 2245: “After the examiner has prepared the decision and proofread and signed the final version, the reexamination file and decision are forwarded to the Central Reexamination Unit (CRU) Legal Instrument Examiner (LIE) for coordinating the…

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