How does the USPTO handle protests in patent applications?
The USPTO has specific procedures for handling protests in patent applications. According to MPEP 1901: Where the protest specifically identifies the application, and is otherwise compliant, the protest will be considered by the Office if it is matched with the application in time to permit review by the examiner during prosecution. However, if there’s insufficient…
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 MoreHow does the USPTO handle multiple pending reexamination proceedings for the same patent?
The MPEP 2254 provides guidance on handling multiple pending reexamination proceedings for the same patent: Multiple ex parte reexamination proceedings are generally merged into a single proceeding. If an inter partes reexamination is also pending, it takes precedence over ex parte reexaminations. The USPTO may suspend one proceeding in favor of another to promote efficiency.…
Read MoreHow does the USPTO handle multiple protests against the same patent application?
The USPTO has specific procedures for handling multiple protests against the same patent application. According to MPEP 1901: “If a second or subsequent protest by the same party to the same application is filed, it should not be entered even though it may contain new art, or a new argument or new evidence. The USPTO…
Read MoreHow does the USPTO handle multiple items of information in a supplemental examination request?
The USPTO handles multiple items of information in a supplemental examination request by addressing each item individually. According to MPEP 2816.03: “The determination should separately address each issue that is raised by an item of information.” This means that for each item of information submitted, the examiner must: Identify the item Identify any issues raised…
Read MoreHow does the USPTO handle inadvertent omissions in a patent owner’s response during inter partes reexamination?
The USPTO recognizes that sometimes a patent owner’s response may inadvertently omit certain matters or requirements while still being a bona fide attempt to respond and advance prosecution. In such cases, the USPTO may provide an opportunity for the patent owner to address the omission. According to MPEP 2666.10: “When action by the patent owner…
Read MoreHow does the USPTO handle defective sequence listings in patent applications filed after January 1, 2022?
For patent applications filed on or after January 1, 2022, the USPTO has specific procedures for handling defective sequence listings. According to MPEP 2422.07: “Applications filed on or after January 1, 2022, that are otherwise complete, but that contain defective sequence listings, will be accepted and the defective sequence listing will be treated in accordance…
Read MoreHow does the USPTO examine means-plus-function claims?
The USPTO examines means-plus-function claims using a two-step analysis, as explained in MPEP 2182: Define the function: The examiner must first identify the specific function claimed in the limitation. As stated in the MPEP, “The court must construe the function of a means-plus-function limitation to include the limitations contained in the claim language, and only…
Read MoreHow does the USPTO handle concurrent reexamination and interference proceedings?
When reexamination and interference proceedings are concurrent, the USPTO follows specific guidelines to manage both processes. According to MPEP 2686.04: “If a reexamination proceeding is ordered while an interference proceeding is pending, the reexamination proceeding is suspended until the interference proceeding is terminated at the interference level (i.e., the interference is terminated as to the…
Read MoreHow does the USPTO determine the basis for each issue in supplemental examination?
The USPTO determines the basis for each issue in supplemental examination by carefully analyzing the submitted information and its relevance to the patent. According to MPEP 2816.03: “The determination should provide an explanation of the basis for the determination for each issue identified as raising a substantial new question of patentability.” The process typically involves:…
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