Who assigns reexamination requests in the USPTO?
Reexamination requests are typically assigned by the Supervisory Patent Reexamination Specialist (SPRS) in the Central Reexamination Unit (CRU). As stated in the MPEP, Except for reexamination requests for design patents, reexamination requests are assigned to the Central Reexamination Unit (CRU) art unit which examines the technology (Chemical, Electrical, Mechanical, etc.) in which the patent to…
Read MoreWhat is the review process after an examiner completes an action in inter partes reexamination?
After an examiner completes an action in inter partes reexamination, it undergoes a review process. The MPEP outlines this process: “After the conference, the proceeding, with the completed action, will be forwarded to the CRU Supervisory Patent Reexamination Specialist (SPRS) or Technology Center (TC) Quality Assurance Specialist (QAS) for review.” If corrections or revisions are…
Read MoreWhat is the role of legal instrument examiners and paralegals in reexamination proceedings?
Legal instrument examiners and paralegals handle most of the initial clerical processing of the reexamination file. As stated in MPEP 2270: “The legal instrument examiners and paralegals will handle most of the initial clerical processing of the reexamination file.” This processing is overseen by the Central Reexamination Unit (CRU) Supervisory Patent Reexamination Specialist (SPRS) or…
Read MoreCan the original examiner be assigned to a reexamination proceeding?
Generally, the original examiner is not assigned to a reexamination proceeding. The MPEP states, It is the policy of the Office that the CRU SPRS will assign the reexamination request to an examiner different from the examiner(s) who examined the patent application. However, there are exceptions to this rule: When the original examiner is the…
Read MoreWho is responsible for monitoring and reviewing reissue applications?
Reissue applications are monitored and reviewed by different personnel depending on their assignment: For applications assigned to Technology Centers (TCs): Training Quality Assurance Specialists (TQASs) For applications assigned to the Central Reexamination Unit (CRU): Supervisory Patent Reexamination Specialists (SPRS) According to MPEP 1456: “All reissue applications assigned to the Technology Centers (TCs) are monitored and…
Read MoreHow does the reissue review process differ between Technology Centers and the Central Reexamination Unit?
The reissue review process differs slightly between Technology Centers (TCs) and the Central Reexamination Unit (CRU): In Technology Centers: Training Quality Assurance Specialists (TQASs) monitor and review reissue applications. In the Central Reexamination Unit: Supervisory Patent Reexamination Specialists (SPRS) handle the monitoring and review. MPEP 1456 states: “All reissue applications assigned to the Technology Centers…
Read MoreWho is responsible for reviewing a reissue application when a protest is filed and the patent is in a contested case?
When a protest is filed in a reissue application and the related patent is involved in a contested case, the review process involves collaboration between several parties. According to MPEP 1449: “In consultation with the examiner and the PTAB, a TC TQAS or SPRS will check to see that: It is particularly important that the…
Read MoreWho has the authority to decide petitions in the Central Reexamination Unit?
The authority to decide petitions in the Central Reexamination Unit (CRU) is primarily delegated to the Director of the CRU. However, some decisions are further delegated to the CRU Supervisory Patent Reexamination Specialists (SPRS). According to the MPEP: “Where specifically indicated, the authority is further delegated to the CRU Supervisory Patent Reexamination Specialists (SPRS) as…
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