What are the service requirements for a patent owner’s statement in ex parte reexamination?
In ex parte reexamination, the patent owner must serve their statement on the requester if the reexamination was requested by a third party. MPEP 2249 states: “A copy of the statement must be served by the patent owner on the requester, unless the request was filed by the patent owner.” Failure to provide proof of…
Read MoreWhat information must be included in a Certificate of Service for patent reexamination?
A Certificate of Service for patent reexamination must include specific information to be valid. According to MPEP 2220: The name and address of the party served (i.e., the patent owner) The method of service used The MPEP states: “The third party requester must set forth on the certificate of service the name and address of…
Read MoreWhat are the service requirements for a patent protest?
The MPEP emphasizes the importance of serving a copy of the protest on the applicant or their representative. It states: “Every effort should be made by a protestor to serve a copy of the protest upon the attorney or agent of record or upon the applicant if no attorney or agent is of record.“ The…
Read MoreWhat are the rules for responding to Office actions in ex parte reexamination proceedings?
In ex parte reexamination proceedings, the rules for responding to Office actions are governed by 37 CFR 1.550(a) and 37 CFR 1.111. Key points include: Patent owners are typically given 2 months to respond to an Office action. Extensions of time are only available under 37 CFR 1.550(c). The certificate of mailing, certificate of transmission,…
Read MoreWhat is the proper service requirement for confidential submissions to the USPTO?
When making confidential submissions to the USPTO, it’s crucial to follow the proper service requirements. According to MPEP 2203: Confidential submissions should include proper proof of service as required by 37 CFR 1.248(b) that the patent owner has been sent a copy of the submission; otherwise the submission will not be entered into the patent…
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