What happens if a reexamination request is not compliant with 37 CFR 1.510?
If a reexamination request is found to be not compliant with 37 CFR 1.510, the following process occurs: The request papers are returned to the sender by the Central Reexamination Unit (CRU) or Technology Center (TC) technical support staff. The request papers are not entered into the patent file. The sender is notified of the…
Read MoreCan examiners use prior art not cited in the reexamination request?
Yes, examiners are not limited to the prior art cited in the reexamination request. According to MPEP 2644: “The examiner is not limited in making the determination based on the patents and printed publications relied upon in the request. The examiner can find ‘a substantial new question of patentability’ or ‘a reasonable likelihood that the…
Read MoreCan examiners consider prior art not cited in the reexamination request?
Yes, examiners are not limited to the prior art cited in the reexamination request. According to MPEP 2244: “The examiner is not limited in making the determination based on the patents and printed publications relied on in the request. The examiner can find ‘a substantial new question of patentability’ based upon the prior art patents…
Read MoreWhat documents are included in the transfer of a reexamination request?
When a reexamination request is transferred between Technology Centers (TCs), all relevant documents must be included. According to MPEP 2237: “If a request for reexamination is submitted to the incorrect TC, the TC should retain a copy of the request papers in the TC and forward the original request papers to the appropriate TC.” The…
Read MoreHow are claim scope statements considered in the determination of a reexamination request?
Patent owner claim scope statements and accompanying information submitted under 37 CFR 1.501(a)(2) are not considered by the examiner when determining whether to order ex parte reexamination under 35 U.S.C. 304. The MPEP explains: “A patent owner claim scope statement and any accompanying information submitted pursuant to 37 CFR 1.501(a)(2) will not be considered by…
Read MoreWhat is the role of the Central Reexamination Unit (CRU) in processing reexamination requests?
The Central Reexamination Unit (CRU) plays a crucial role in processing reexamination requests: Reviews request papers for compliance with 37 CFR 1.510. Enters compliant requests into the PALM EXPO 2970 system. Generates and mails notices of filing dates for compliant requests. Returns non-compliant requests to the sender with explanations. Handles the initial processing of most…
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