Who can request an ex parte reexamination?
According to MPEP 2209, an ex parte reexamination can be requested by various parties: The patent owner: At any time during the enforceability of a patent. Any third party: During the period of enforceability of the patent. The Director of the USPTO: The Director can order a reexamination on their own initiative. The MPEP states,…
Read MoreWho receives copies of the reexamination decision and prior art documents?
According to MPEP 2245, after a reexamination decision is processed: A copy of the decision is mailed to the patent owner If applicable, a copy is also sent to any third party involved in the reexamination Any required copies of prior art documents are included with the mailing The MPEP states: “A copy of the…
Read MoreWhat is the significance of mailing copies of prior art documents with reexamination decisions?
Mailing copies of prior art documents along with reexamination decisions is a crucial part of the patent reexamination process. As stated in MPEP 2245: “A copy of the decision is then mailed to the patent owner and to any third party, along with any required copies of prior art documents.“ The significance of this practice…
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