Who processes reexamination requests in the USPTO?
Reexamination requests are processed by designated personnel in the Central Reexamination Unit (CRU) or Technology Centers (TCs). According to MPEP 2233: “The working groups in the Central Reexamination Unit (CRU) or Technology Centers (TCs) have designated the legal instrument examiners and paralegals to act as reexamination clerks, as part of their assigned duties, and thus…
Read MoreWhat happens when potentially interfering applications are in different Technology Centers?
When potentially interfering applications are assigned to different Technology Centers (TCs), the MPEP 2304.01(b) provides specific guidance: “If the interference would be between two applications, and the applications are assigned to different Technology Centers (TCs), then one application must be reassigned. Ordinarily the applications should both be assigned to the TC where the commonly claimed…
Read MoreHow are international applications assigned for examination at the USPTO?
The assignment of international applications for examination at the USPTO follows a specific process, as outlined in MPEP 1872: “After the PCT International Application Processing Division has finished processing the documents and fees filed with a complete demand, the international application is docketed to an examiner in the appropriate Technology Center for examination.” This means…
Read MoreWhat types of petitions to make patent applications special are decided in the Technology Centers?
The Technology Centers decide on several types of petitions to make patent applications special under the accelerated examination program. According to MPEP 1002.02(s), these include: Petitions filed with payment of fee under 37 CFR 1.17(h) Petitions related to enhancing environmental quality Petitions related to energy resource development or conservation Petitions related to countering terrorism Other…
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 MoreHow are new design and plant patent applications initially processed?
New nonprovisional design and plant patent applications are initially processed by the Office of Patent Application Processing (OPAP) and then assigned to specific Technology Centers (TCs). According to MPEP 909.02(a): “New nonprovisional design and plant applications are assigned to Technology Centers (TCs) 2900 and 1600, respectively, in the first instance by the Office of Patent…
Read MoreHow are new design and plant patent applications initially assigned?
New nonprovisional design and plant patent applications are initially assigned by the Office of Patent Application Processing (OPAP) as follows: Design applications are assigned to Technology Center (TC) 2900 Plant applications are assigned to Technology Center (TC) 1600 As stated in the MPEP: New nonprovisional design and plant applications are assigned to Technology Centers (TCs)…
Read MoreWhat is a Patentability Report in patent examination?
A Patentability Report (P.R.) is a specialized examination process used by the United States Patent and Trademark Office (USPTO) when an application contains claims that require expertise from different Technology Centers (TCs). According to MPEP 705.01: “When an application comes up for any action and the primary examiners involved (i.e., from both the requesting and…
Read MoreHow are multiple Technology Centers involved in patentability reports?
Patentability reports often involve collaboration between multiple Technology Centers (TCs) to address complex or multi-invention applications. The MPEP 705 explains: “Patentability reports are prepared by examiners in the Technology Center (TC) to which the application is assigned and by examiners in one or more other TCs.” This collaboration typically occurs when: An application covers multiple…
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…
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