When can a protest be filed in a patent application?

According to MPEP 1901, protests must be filed within specific time frames: With the exception of a protest accompanied by a written consent of the applicant, all protests must be submitted prior to the publication of the application or the date a notice of allowance is given or mailed, whichever occurs first. Additionally, for reissue…

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Can a reissue application be used to submit previously withheld information?

Can a reissue application be used to submit previously withheld information? While a reissue application can be used to submit previously withheld information, it cannot cure or remedy the original withholding if it constituted inequitable conduct. The MPEP 2012 states: “In cases where an applicant seeks to use a reissue application to submit previously withheld…

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What is the impact of a reissue application on a pending inter partes reexamination?

When a reissue application is filed for a patent that is undergoing inter partes reexamination, it can have significant implications for the reexamination process. According to MPEP 2686.04: “If a reissue application is filed on a patent for which a reexamination proceeding is pending, the reexamination proceeding is suspended until the reissue application is resolved.”…

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What happens if a reissue application is filed during a reexamination proceeding?

What happens if a reissue application is filed during a reexamination proceeding? When a reissue application is filed during a reexamination proceeding, the following actions are taken: The reexamination proceeding is suspended. The reissue application is examined. The reexamination proceeding is terminated if the reissue patent is granted. If the reissue application is abandoned, the…

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How are reexamination requests handled when there’s a pending reissue application?

When a reissue application is pending and a reexamination request is filed for the same patent, the handling process depends on whether reexamination has been ordered: If reexamination has been ordered: The Office of Patent Legal Administration (OPLA) should be notified for merger consideration. If merged, the reissue is generally assigned to the examiner who…

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How can a patentee become eligible to suggest an interference?

A patentee can become eligible to suggest an interference by filing a reissue application. This process effectively transforms the patentee into an applicant, granting them the ability to suggest an interference. As stated in MPEP 2304.03: “A patentee may not suggest an interference unless it becomes an applicant by filing a reissue application.” The steps…

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Can a patent owner request ex parte reexamination?

Yes, a patent owner can request ex parte reexamination. According to MPEP 2212: “The patent owner can ask for reexamination which will be limited to an ex parte consideration of prior art patents or printed publications.“ However, if the patent owner wishes to have a wider consideration of issues by the USPTO, including matters such…

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