When is an Inter Partes Reexamination Certificate issued?
An Inter Partes Reexamination Certificate is issued at the conclusion of an inter partes reexamination proceeding. According to MPEP 2688: “Since abandonment is not possible in a reexamination proceeding, an inter partes reexamination certificate will be issued at the conclusion of the proceeding for each patent in which a reexamination proceeding has been ordered under…
Read MoreWhat types of documents can be cited as prior art in a reexamination proceeding?
What types of documents can be cited as prior art in a reexamination proceeding? According to MPEP 2602, the types of documents that can be cited as prior art in a reexamination proceeding are limited to patents and printed publications. The MPEP states: “Only patents or printed publications may be cited under 35 U.S.C. 301…
Read MoreWhat is the time limit for submitting prior art citations in a reexamination proceeding?
What is the time limit for submitting prior art citations in a reexamination proceeding? According to MPEP 2602, there is no time limit for submitting prior art citations in a reexamination proceeding. The MPEP states: “There is no time limit for submitting prior art citations in a reexamination proceeding.” This means that patent owners and…
Read MoreHow can a third party submit prior art citations in a reexamination proceeding?
How can a third party submit prior art citations in a reexamination proceeding? According to MPEP 2602, third parties can submit prior art citations in a reexamination proceeding using specific procedures: Third parties must submit citations in writing to the Office of Patent Legal Administration (OPLA). The submission must be limited to citations of patents…
Read MoreWhat happens if a reissue application is filed during a reexamination proceeding?
What happens if a reissue application is filed during a reexamination proceeding? When a reissue application is filed during a reexamination proceeding, the following actions are taken: The reexamination proceeding is suspended. The reissue application is examined. The reexamination proceeding is terminated if the reissue patent is granted. If the reissue application is abandoned, the…
Read MoreCan a patent owner be represented by a non-registered practitioner in reexamination?
No, a patent owner cannot be represented by a person who is not registered to practice before the United States Patent and Trademark Office (USPTO) during a reexamination proceeding. MPEP 2213 clearly states: “A patent owner may not be represented during a reexamination proceeding by any person who is not registered to practice before the…
Read MoreCan a patent owner submit prior art citations in their own reexamination proceeding?
Can a patent owner submit prior art citations in their own reexamination proceeding? Yes, according to MPEP 2602, a patent owner can submit prior art citations in their own reexamination proceeding. The MPEP states: “The patent owner may file citations of patents or printed publications in the patent file for subsequent use in the patent.”…
Read MoreWhat happens if an examiner’s answer is not approved in a reexamination proceeding?
What happens if an examiner’s answer is not approved in a reexamination proceeding? If an examiner’s answer is not approved in a reexamination proceeding, the following steps occur: The examiner’s answer is returned to the Central Reexamination Unit (CRU) or Technology Center (TC) for correction. The original statement of the basis for the rejection is…
Read MoreWhat is the difference between a reissue application and a reexamination proceeding?
What is the difference between a reissue application and a reexamination proceeding? Reissue applications and reexamination proceedings are distinct processes for correcting or reviewing patents: Reissue Application: Initiated by the patent owner Can broaden or narrow claims Can correct errors in the specification or drawings Results in a new patent Reexamination Proceeding: Can be initiated…
Read MoreWhat happens when a reissue application and a reexamination proceeding are pending concurrently for the same patent?
When a reissue application and a reexamination proceeding are pending concurrently for the same patent, the Office may decide to merge the two proceedings or suspend one of them. According to MPEP 1449.01, “If an examiner becomes aware that a reissue application and an ex parte or inter partes reexamination proceeding are both pending for…
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