How did the Patent and Trademark Office Authorization Act of 2002 change reexamination procedures?
The Patent and Trademark Office Authorization Act of 2002, specifically Public Law 107-273, Section 13105, enacted on November 2, 2002, significantly changed reexamination procedures by amending 35 U.S.C. 303(a) and 312(a). The key change was: “The existence of a substantial new question of patentability is not precluded by the fact that a patent or printed…
Read MoreHow can the Chief Administrative Patent Judge address issues related to substantial new questions of patentability in ex parte reexaminations?
The Chief Administrative Patent Judge has the authority to address issues related to substantial new questions of patentability in ex parte reexaminations. According to MPEP 1002.02(f): “If raised properly during ex parte reexamination and in a subsequent appeal, issues relating to an examiner’s determination that a reference raises a substantial new question of patentability. See…
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