What is the time limit for filing a petition after denial of reexamination?
The time limit for filing a petition after denial of reexamination is strictly defined. According to MPEP 2248: “The requester may seek review by a petition to the Director under § 1.181 within one month of the mailing date of the examiner’s determination refusing ex parte reexamination.” It’s important to note that this one-month period…
Read MoreWhat happens if an inter partes reexamination request is denied?
If an inter partes reexamination request is denied, the requester has the option to seek review of the decision. The MPEP outlines this process: “If a decision to deny an order for reexamination is made, the requester may seek review by a petition under 37 CFR 1.181. See 37 CFR 1.927.” However, it’s important to…
Read MoreWhat happens when a reexamination is denied or vacated?
When a reexamination is denied or vacated, the following steps are taken according to MPEP 2694: The reexamination file is forwarded to the Central Reexamination Unit (CRU) if not already there. The CRU processes the file to provide a partial refund as per 37 CFR 1.26(c). The file is given an 820 status (reexamination denied)…
Read MoreWhat happens after a reexamination request is denied?
After a reexamination request is denied, several administrative steps are taken: The Central Reexamination Unit (CRU) processes the decision for mailing. A one-month period is allowed for filing a petition seeking review of the denial. If no petition is filed, the CRU processes a partial refund as per 37 CFR 1.26(c). The reexamination proceeding is…
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