How does the USPTO prioritize reexamination proceedings and reissue applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The USPTO prioritizes reexamination proceedings and reissue applications as follows:…
Read MoreWhat is the difference in priority between reexamination proceedings and reissue applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. According to MPEP 2261, there is no inherent difference in priority…
Read MoreHow does litigation affect the priority of patent cases at the USPTO?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Litigation has a significant impact on the priority of patent cases…
Read MoreWho is responsible for monitoring and reviewing reissue applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Reissue applications are monitored and reviewed by different personnel depending…
Read MoreWhen is it necessary to inspect previously abandoned application papers or granted patents during patent examination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. During patent examination, it becomes necessary to inspect previously abandoned application papers or granted…
Read MoreWhen is it necessary to inspect previously abandoned application files or granted patents?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Inspection of previously abandoned application files or granted patents becomes…
Read MoreCan the 2-month delay period be waived for reissue applications with stayed litigation?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, the 2-month delay period can be waived for reissue…
Read MoreHow does the USPTO monitor the processing of reissue applications with stayed litigation?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 9 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The USPTO has implemented specific monitoring systems for reissue applications…
Read MoreHow does the USPTO handle judicial determinations of fraud or inequitable conduct in reissue applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules4 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. For reissue applications filed before September 16, 2012, the USPTO…
Read MoreHow does the USPTO handle fraud, inequitable conduct, or duty of disclosure issues in reissue applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The USPTO does not investigate or reject reissue applications under…
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