Why are interferences not declared for applications under secrecy orders?

Interferences are not declared for applications under secrecy orders primarily due to confidentiality concerns. The MPEP 2306 explains: “Once an interference is declared, an opposing party is entitled to access to the application and benefit applications pursuant to 37 CFR 41.109. See MPEP § 2307.02. Consequently, an interference should not be suggested for an application…

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Why were inter partes reexamination requests discontinued?

Inter partes reexamination requests were discontinued as part of the changes implemented by the America Invents Act (AIA). While MPEP Section 2619 doesn’t explicitly state the reason, it notes: “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This change was made to streamline patent challenge procedures and replace…

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Who can file a petition for patent term adjustment?

While MPEP 2736 does not explicitly state who can file a petition for patent term adjustment, it clearly indicates who cannot file such petitions. The section states: “No submission or petition on behalf of a third party concerning patent term adjustment under 35 U.S.C. 154(b) will be considered by the Office.” By inference, this means…

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Who can file a protest against a patent application?

According to MPEP 1901.01, any member of the public can file a protest under 37 CFR 1.291. This includes: Private persons Corporate entities Government agencies The MPEP states: Any member of the public, including private persons, corporate entities, and government agencies, may file a protest under 37 CFR 1.291. This broad definition ensures that anyone…

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When did supplemental examination become available?

Supplemental examination became available on September 16, 2012. This new procedure was introduced as part of the Leahy-Smith America Invents Act (AIA). The MPEP states: “Supplemental examination became available on September 16, 2012, as a result of new section 257 of Title 35, United States Code, which was added by Public Law 112-29, enacted on…

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What is supplemental examination?

Supplemental examination is a process provided by 35 U.S.C. 257 that allows a patent owner to request the USPTO to “consider, reconsider, or correct information believed to be relevant to the patent.” As stated in the MPEP: “35 U.S.C. 257(a) provides that supplemental examination may be requested by the patent owner to consider, reconsider, or…

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