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…

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What 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…

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How 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…

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What 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…

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What 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…

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What 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…

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What 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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