What are the procedures for determining compliance with Portola Packaging in ongoing reexaminations?
For ongoing reexaminations ordered prior to November 2, 2002, the MPEP outlines specific procedures to determine compliance with the Portola Packaging decision: Confirm that the reexamination order was issued before November 2, 2002. Before making any rejection, identify what prior art was relied upon or cited and discussed in any prior related Office proceeding. Base…
Read MoreHow did the Patent and Trademark Office Authorization Act of 2002 change reexamination procedures?
The Patent and Trademark Office Authorization Act of 2002, specifically Public Law 107-273, Section 13105, enacted on November 2, 2002, significantly changed reexamination procedures by amending 35 U.S.C. 303(a) and 312(a). The key change was: “The existence of a substantial new question of patentability is not precluded by the fact that a patent or printed…
Read MoreAre reexamination procedures different for design patents compared to utility patents?
While MPEP 1510 doesn’t explicitly state whether reexamination procedures differ for design patents, it does direct readers to a common source for all reexamination procedures: “See MPEP Chapter 2200 for practice and procedure for reexamination applications.” This suggests that the core reexamination procedures are likely similar for both design and utility patents. However, there may…
Read MoreWhere can I find detailed information about reexamination procedures for design patents?
For detailed information about reexamination procedures, including those applicable to design patents, you should refer to MPEP Chapter 2200. MPEP 1510 specifically directs readers: “See MPEP Chapter 2200 for practice and procedure for reexamination applications.” This means that while reexamination is relevant to design patents, the comprehensive guidelines and procedures are consolidated in Chapter 2200,…
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