What are petitions under 37 CFR 1.182 and 1.183 in reexamination proceedings?
Petitions under 37 CFR 1.182 and 1.183 in reexamination proceedings are special requests that can be decided by the Director of the Central Reexamination Unit (CRU). These regulations allow for flexibility in patent procedures: 37 CFR 1.182: This rule allows for situations not specifically provided for in the regulations. It states: “All situations not specifically…
Read MoreHow are interviews handled in reexamination proceedings according to MPEP 713.05?
Interviews in reexamination proceedings are subject to specific rules as outlined in MPEP 713.05. The manual states: “Interviews are permitted in ex parte reexamination proceedings. In inter partes reexamination proceedings, interviews are prohibited before issuance of an Action Closing Prosecution (ACP). After an ACP has been issued, in-person interviews between examiner and the owners of…
Read MoreWhich types of applications are not eligible for prioritized examination?
According to MPEP 708.01, certain types of applications are not eligible for prioritized examination. These include: International applications that have not entered the national stage under 35 U.S.C. 371 Design applications Reissue applications Provisional applications Reexamination proceedings The MPEP states: Prioritized examination under this paragraph will not be accorded to international applications that have not…
Read MoreAre there any exceptions to the standard extension of time rules for patent applications?
Are there any exceptions to the standard extension of time rules for patent applications? Yes, there are several exceptions to the standard extension of time rules for patent applications. According to MPEP 710.02(e), some notable exceptions include: Design Applications: An extension of time in a design application operates differently than in a utility application. Unlike…
Read MoreWhat is the process for handling confidential materials in reexamination proceedings?
In reexamination proceedings open to the public under 37 CFR 1.11(d), confidential materials submitted under MPEP § 724.02 are handled as follows: Materials are sealed from public view and kept separate from the main reexamination file A petition to expunge should accompany the submission or be filed shortly after The examiner determines the materiality of…
Read MoreHow does the USPTO handle extension of time requests in reexamination proceedings?
The USPTO handles extension of time requests in reexamination proceedings differently from regular patent applications. According to MPEP 710.02(e): ‘Extensions of time in reexamination proceedings are governed by 37 CFR 1.550(c).’ This means that in reexamination cases: Extensions may be available, but they are not granted automatically. The requester must show sufficient cause for the…
Read MoreWhat types of patent applications receive special examination priority at the USPTO?
The USPTO grants special examination priority to certain types of patent applications. According to the MPEP, these include: Reissue applications, especially those where litigation has been stayed Ex parte reexamination proceedings involved in litigation Inter partes reexamination proceedings involved in litigation Cases with fixed 30-day due dates (e.g., examiner’s answers and decisions on motions) Other…
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