Who typically conducts ex parte reexaminations?
Typically, the same patent examiner who made the decision on whether the reexamination request should be granted conducts the examination. As stated in MPEP § 2255: “The examination will ordinarily be conducted by the same patent examiner who made the decision on whether the reexamination request should be granted.” This ensures continuity in the examination…
Read MoreHow is a reexamination of a reexamination processed?
A reexamination of a reexamination is processed according to specific guidelines, regardless of the type of reexamination involved. According to MPEP § 2695: “A reexamination of a reexamination is processed in accordance with the guidelines set forth in MPEP § 2295 regardless of whether the reexamination certificate was issued for an ex parte reexamination or…
Read MoreWhen can a patent owner propose amendments during the reexamination process?
A patent owner has multiple opportunities to propose amendments during the reexamination process. According to MPEP 2221, amendments can be proposed: With the initial reexamination request under 37 CFR 1.510(e) In a statement under 37 CFR 1.530(b) and (c) During the actual ex parte reexamination prosecution under 37 CFR 1.550(b) The MPEP states: “Amendments may…
Read MoreHow many times can a patent be reconsidered during reexamination?
During patent reexamination, a patent can be reconsidered multiple times. MPEP 2269 indicates: “The patent owner may respond to such Office action with or without amendment and the patent under reexamination will be reconsidered, and so on repeatedly unless the examiner has indicated that the action is final.” This suggests that the reconsideration process can…
Read MoreWhat is the process for preparing a decision on a request for ex parte reexamination?
The process for preparing a decision on a request for ex parte reexamination involves several steps, as outlined in MPEP 2246: The reexamination file is reviewed in the Central Reexamination Unit (CRU) to ensure it’s ready for examination. The proceeding is assigned to an examiner. The examiner prepares for and sets up a panel review…
Read MoreWhat is the role of the Central Reexamination Unit (CRU) in processing BPAI decisions?
What is the role of the Central Reexamination Unit (CRU) in processing BPAI decisions? The Central Reexamination Unit (CRU) plays a crucial role in processing decisions from the Board of Patent Appeals and Interferences (BPAI) in reexamination proceedings: Receives the BPAI decision forwarded after scanning into the Image File Wrapper (IFW). Processes the decision for…
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