What petitions can Supervisory Patent Examiners (SPEs) decide?
Supervisory Patent Examiners (SPEs) have the authority to decide certain petitions related to the patent examination process. According to MPEP 1002.02(d), SPEs can decide: Petitions for extension of time in reexamination proceedings pending in their art unit Petitions under 37 CFR 1.84 to accept color drawings or photographs Petitions to withdraw holding of abandonment where…
Read MoreWhat is the role of Supervisory Patent Examiners in handling amendments under 37 CFR 1.312?
Supervisory Patent Examiners are responsible for deciding on the entry of amendments under 37 CFR 1.312 that involve more than just correcting formal matters without changing the scope of any claim. As stated in the MPEP: “Entry of amendments under 37 CFR 1.312 which embody more than merely the correction of formal matters without changing…
Read MoreCan a Supervisory Patent Examiner approve reopening prosecution after an appeal brief has been filed?
Yes, a Supervisory Patent Examiner has the authority to approve reopening prosecution after an appeal brief has been filed. This is specifically mentioned in the MPEP: “Approval of reopening prosecution after the filing of an appeal brief in order to incorporate any new ground of rejection, MPEP § 1207.04.” This provision allows for the introduction…
Read MoreCan the sequence of patent examination be modified after initial determination?
Yes, the sequence of patent examination can be modified after the initial determination. According to MPEP 705.01(b), supervisory patent examiners have the flexibility to adjust the examination order if they believe it would be more efficient. The MPEP explicitly states: If the supervisory patent examiners are of the opinion that a different sequence of search…
Read MoreHow do supervisory patent examiners resolve disagreements on examination order?
When supervisory patent examiners from different Technology Centers (TCs) disagree on the order of examination for a patent application, MPEP 705.01(b) outlines the following resolution process: The supervisory patent examiner with jurisdiction over the application takes the lead. They direct a complete search of the art relevant to their claims. This search is conducted before…
Read MoreWhat is the sequence of examination in patent applications involving multiple Technology Centers?
The sequence of examination for patent applications involving multiple Technology Centers (TCs) is determined by the supervisory patent examiners. According to MPEP 705.01(b), if the supervisory patent examiners cannot agree on the order of examination, the following process is followed: The supervisory patent examiner with jurisdiction over the application directs a complete search of the…
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