What is a Supplemental Examination Certificate?
A Supplemental Examination Certificate is a document prepared by the USPTO that lists all items of information properly submitted as part of a supplemental examination request. It states whether a substantial new question of patentability (SNQ) affecting at least one claim of the patent is raised in the request. According to the MPEP, The supplemental…
Read MoreWhat is ex parte reexamination?
Ex parte reexamination is a procedure that allows any person to request a review of an issued patent at any time during its enforceability period. The process involves the United States Patent and Trademark Office (USPTO) examining the patent again to determine if there is a substantial new question of patentability. According to MPEP 2209,…
Read MoreWhat is the timeframe for the USPTO to decide on a supplemental examination request?
According to MPEP 2815, the USPTO has a specific timeframe to decide on a supplemental examination request. The manual states: “Within three months after the filing date of a request for supplemental examination, the Office will determine whether a substantial new question of patentability affecting any claim of the patent is raised by any of…
Read MoreHow does the USPTO handle prior art that was previously considered during the original examination?
The USPTO has specific guidelines for handling prior art in ex parte reexamination that was previously considered during the original examination. According to MPEP 2244: “If prior art patents or printed publications are presented by the reexamination requester for review in a reexamination proceeding, and the requester has not had the patents or printed publications…
Read MoreHow does the USPTO handle multiple reexamination requests for the same patent?
The USPTO has specific procedures for handling multiple reexamination requests for the same patent. The MPEP provides guidance on this situation: “If a second or subsequent request for reexamination is filed (by any party permitted to do so) while a first reexamination is pending, the presence of a substantial new question of patentability depends on…
Read MoreCan the USPTO examine claims not specifically requested for reexamination?
Yes, the USPTO can examine claims not specifically requested for reexamination, but it’s at their discretion. MPEP 2643 states: “The decision to reexamine any claim for which reexamination has not been requested lies within the sole discretion of the Office, to be exercised based on the individual facts and situation of each individual case.” However,…
Read MoreWhat is the time frame for the USPTO Director to make a determination on a reexamination request?
According to 35 U.S.C. 303, the USPTO Director has three months following the filing of a request for reexamination under 35 U.S.C. 302 to determine whether a substantial new question of patentability affecting any claim of the patent is raised by the request. The MPEP states: “35 U.S.C. 303 requires that within 3 months following…
Read MoreWhat triggers an order for inter partes reexamination?
An order for inter partes reexamination is triggered when the Director finds that a substantial new question of patentability (SNQ) affecting a claim of a patent is raised, or that there is a reasonable likelihood that the requester would prevail (RLP) with respect to at least one of the claims challenged in the request. As…
Read MoreWhat must be included in a supplemental examination determination?
According to MPEP 2816.03, a supplemental examination determination must include: An identification of each item of information An identification of each issue raised by each item of information A statement of the basis for the determination for each issue identified The MPEP states: “The determination must identify each item of information that raises a substantial…
Read MoreWhat should be included in the determination for a supplemental examination request?
The determination for a supplemental examination request should include: An identification of each item of information A statement of each issue raised by each item of information The basis for the determination of each issue A finding for each issue as to whether the item of information raises a substantial new question of patentability (SNQ)…
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