Who has the final authority in resolving conflicts during reexamination transfers?
In cases where conflicts arise during the transfer of reexamination proceedings, the MPEP outlines a clear chain of authority. According to MPEP 2237: Any conflict which cannot be resolved by the SPRSs will be resolved by the CRU Director. This means that while the Supervisory Patent Reexamination Specialists (SPRSs) of the involved art units are…
Read MoreCan a reexamination request be transferred after substantive examination has begun?
No, a reexamination request cannot be transferred to a different Technology Center (TC) after substantive examination has begun. MPEP 2237 clearly states: “However, in no case should a reexamination proceeding be transferred to another TC after the mailing of the order to reexamine, except where a TC Director believes that a transfer is in the…
Read MoreWhat is the process for transferring a reexamination request to a different art unit?
The transfer process for a reexamination request involves several steps: The CRU Supervisory Patent Reexamination Specialist (SPRS) of the initially assigned art unit must believe a transfer is necessary. The SPRS must obtain consent from the SPRS of the desired art unit. Any conflicts are resolved by the CRU Director. As stated in the MPEP:…
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