What is the function of the PTOL-2066 form in inter partes reexamination?
The PTOL-2066 form is used for issuing the “Right of Appeal Notice” in inter partes reexamination proceedings. According to MPEP 2696, this form is associated with “37 CFR 1.953”. The Right of Appeal Notice is a crucial document that informs the parties involved in the reexamination of their right to appeal the examiner’s decision. This…
Read MoreHow are premature appeals handled in inter partes reexamination?
Premature appeals in inter partes reexamination are not considered but are retained in the file. According to MPEP 2667: “Where a notice of appeal or notice of cross appeal is filed before a Right of Appeal Notice (RAN) has been issued, the paper will be retained in the file, but will not be considered (other…
Read MoreWhat is the process when a patent owner fails to respond to an Action Closing Prosecution (ACP) in inter partes reexamination?
When a patent owner fails to respond to an Action Closing Prosecution (ACP) in inter partes reexamination, the consequences are different from those of failing to respond to other Office actions. According to MPEP 2666.10: “A response to an ACP is not required. Where the patent owner does not respond to an ACP, the Office…
Read MoreWhat are the consequences if a patent owner fails to file a timely appeal after a Right of Appeal Notice in inter partes reexamination?
The consequences of a patent owner’s failure to file a timely appeal after a Right of Appeal Notice in inter partes reexamination depend on the patentability findings and the actions of the third party requester. According to MPEP 2666.10, the following outcomes may occur: If no claim was found patentable, a Notice of Intent to…
Read MoreWhat is the process for filing an appeal in inter partes reexamination?
The process for filing an appeal in inter partes reexamination begins after a Right of Appeal Notice (RAN) has been issued. According to MPEP 2674: “Once a RAN has been issued, the patent owner and any third party requester will have, in accordance with 37 CFR 1.953, a time period of one month or thirty…
Read MoreWhat happens if a patent owner doesn’t file a submission after an ACP?
If a patent owner doesn’t file a submission after an Action Closing Prosecution (ACP) in inter partes reexamination, the following occurs: The third party requester is precluded from filing comments under 37 CFR 1.951(b) A Right of Appeal Notice (RAN) will be issued The patent owner does not lose any rights of appeal MPEP 2672…
Read MoreCan amendments be entered after a Right of Appeal Notice (RAN) in inter partes reexamination?
According to MPEP 2673, amendments filed after a Right of Appeal Notice (RAN) in inter partes reexamination are generally not allowed. The MPEP states: “An amendment filed after the RAN will not be entered at all, in the absence of a grantable petition under 37 CFR 1.183 because 37 CFR 1.953(c) prohibits an amendment after…
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