What statutory authority allows for the revival of reexamination proceedings?
The statutory authority for reviving reexamination proceedings is provided by 35 U.S.C. 27, which was added by the Patent Law Treaties Implementation Act of 2012 (PLTIA). The MPEP quotes the statute as follows: “The Director may establish procedures, including the requirement for payment of the fee specified in section 41(a)(7), to revive an unintentionally abandoned…
Read MoreWhat are the primary statutory authorities of the Director of the USPTO?
The primary statutory authorities of the Director of the United States Patent and Trademark Office (USPTO) are outlined in 35 U.S.C. 2 and 35 U.S.C. 3. These statutes define the powers, duties, and responsibilities of the Director and other officers and employees of the USPTO. Specifically, 35 U.S.C. 2 states: “Powers and duties.” This section…
Read MoreWhat is the statutory authority for patent examination?
The statutory authority for patent examination is outlined in 35 U.S.C. 131, which states: The Director shall cause an examination to be made of the application and the alleged new invention; and if on such examination it appears that the applicant is entitled to a patent under the law, the Director shall issue a patent…
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