What is the process for getting approval for patent drawing changes in reexamination?
The process for getting approval for patent drawing changes in reexamination involves the following steps: Submit a sketch: The patent owner must submit a sketch in permanent ink showing the proposed changes or amendments. Proper labeling: The sketch should be submitted as a separate paper and clearly labeled as “Annotated Sheet.” Examiner review: The examiner…
Read MoreWhat are the requirements for a reexamination requester to remain anonymous?
For reexamination requesters who wish to remain anonymous, MPEP 2203 provides specific guidance: A real party in interest that wishes to remain anonymous when filing a request for reexamination under 37 CFR 1.510 can do so by utilizing the services of a registered practitioner. In such an instance, the registered practitioner submitting a request for…
Read MoreCan amendments be submitted with a supplemental examination request?
No, amendments cannot be submitted with a supplemental examination request. MPEP 2809 clearly states: “No amendment may be filed in a supplemental examination proceeding. 37 CFR 1.620(f). Any paper containing an amendment that is filed in a supplemental examination proceeding is an unauthorized paper, and will be expunged from the file if inadvertently entered.” However,…
Read MoreAre amendments or new claims considered during supplemental examination?
No, amendments and new claims presented in copending post-patent Office proceedings are not considered during the supplemental examination process. According to MPEP 2816.01: “Amendments and/or new claims presented in any copending post-patent Office proceeding for the patent to be examined will not be considered nor commented upon when deciding a request for supplemental examination.” However,…
Read MoreHow do I amend a “Sequence Listing” in a granted patent?
Amending a “Sequence Listing” in a granted patent is addressed in 37 CFR 1.825(d). The process applies to amendments made by certificate of correction, reissue, or reexamination. The MPEP states: “Any appropriate amendments to the ‘Sequence Listing’ in a patent (e.g., by reason of reissue, reexamination, or a certificate of correction) must comply with the…
Read MoreCan a patent owner amend claims after a final rejection in reexamination?
While a patent owner can submit amendments after a final rejection in reexamination, they do not have an absolute right to amend claims at this stage. The MPEP states: It should be kept in mind that a patent owner cannot, as a matter of right, amend any finally rejected claims, add new claims after a…
Read MoreHow can USPTO staff access reexamination file data through OPSG?
USPTO staff can access reexamination file data through the One Patent Service Gateway (OPSG) system using the following steps, as outlined in MPEP 2235: From the USPTO intranet site, click on “Patent Data Portal” Click on “General Information” Select “search by” patent number Enter the patent number in the box Click on “Search” When the…
Read MoreWhat happens to 37 CFR 1.501 submissions after an order for reexamination?
When a proper submission under 37 CFR 1.501 is filed after an order for reexamination, it is not immediately entered into the patent file. The MPEP states: “If a proper submission is filed after the date of an order for reexamination, the submission will be stored until the reexamination is concluded.“ After the reexamination proceeding…
Read MoreWhat actions can the USPTO take after a patent has been granted?
Once a patent has been granted, the U.S. Patent and Trademark Office (USPTO) has limited authority to take action concerning it. MPEP 1305 states: “Once the patent has been granted, the U.S. Patent and Trademark Office can take no action concerning it, except as provided in 35 U.S.C. 135, 35 U.S.C. 154, 35 U.S.C. 156,…
Read MoreHow can an interference involving a patent under reexamination be suspended?
An interference involving a patent under reexamination can be suspended through a motion decided by Administrative Patent Judges. According to MPEP 1002.02(g): “5. Motion to suspend an interference involving a patent under ex parte or inter partes reexamination. 37 CFR 1.565(e) and 1.993.” This process is governed by 37 CFR 1.565(e) for ex parte reexamination…
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