How does the MPEP distinguish between different types of reexamination requests?
The MPEP distinguishes between different types of reexamination requests based on the requester’s intent and the claims made. Two main types are discussed: Requests indicating claims are unpatentable over the art: “The example in MPEP § 2247.01 is drafted for the case where the ‘request indicates that Requester considers that Claims 1-2 are unpatentable over…
Read MoreWhat is the legal basis for ex parte reexamination requests?
The legal basis for ex parte reexamination requests is established in United States patent law. The MPEP section refers to this statute: “…request for ex parte reexamination filed under 35 U.S.C. 302…” 35 U.S.C. 302 is the specific statute that provides the legal foundation for ex parte reexamination requests. This law outlines the requirements and…
Read MoreWhat papers are allowed to be filed after a request for ex parte reexamination but before the decision on the request?
After filing a request for ex parte reexamination under 35 U.S.C. 302, only specific types of papers are allowed to be filed before the decision on the request. According to MPEP 2225, these include: Citations of patents or printed publications under 37 CFR 1.501 or 37 CFR 1.555 Another complete request under 37 CFR 1.510…
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