How is a reexamination proceeding concluded when merged with an inter partes reexamination?
When an ex parte reexamination proceeding is merged with an inter partes reexamination, it can be concluded under 37 CFR 1.997(b). According to MPEP 2294, the process involves: Issuing a single reexamination certificate Processing the merged proceeding as set forth in MPEP § 2690 and MPEP § 2694 The MPEP states: “The proceeding may be…
Read MoreWhat major events are reported in the PALM system for reexamination proceedings?
The PALM system is used to report and monitor major events in reexamination proceedings. According to MPEP 2635, some of the key events reported include: Determination Mailed-Denial of request for reexamination Determination Mailed-Grant of request for reexamination Petition for reconsideration of determination received Decision on petition mailed-Denied Decision on petition mailed-Granted Mailing of all examiner…
Read MoreWhat is the limitation on third-party participation in patent term extension proceedings?
According to MPEP 2763, third-party participation in patent term extension proceedings is significantly limited. The section states: “No submission on behalf of third parties, in the form of protests or otherwise, will be considered by the Office. Any such submissions by third parties to the Office will be returned to the party making the submission,…
Read MoreHow should patent owners label amended figures in reexamination drawings?
Patent owners must follow specific labeling requirements for amended figures in reexamination drawings. According to 37 CFR 1.530(d)(3) and MPEP 2666.02: “Amended figures must be identified as “Amended,” and any added figure must be identified as “New.” In the event a figure is canceled, the figure must be surrounded by brackets and identified as “Canceled.”…
Read MoreAre interviews allowed in inter partes reexamination proceedings?
No, interviews discussing the merits of inter partes reexamination proceedings are not allowed. According to MPEP 2685, “Pursuant to 37 CFR 1.955, an interview which discusses the merits of a proceeding will not be permitted in inter partes reexamination proceedings.” This prohibition applies to both inter partes interviews and separate ex parte interviews with either…
Read MoreAre interviews permitted during inter partes reexamination proceedings?
No, interviews are not permitted during inter partes reexamination proceedings. This restriction affects how examiner’s amendments are made in conjunction with a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC). The MPEP explicitly states: Interviews are not permitted in an inter partes reexamination proceeding (see MPEP § 2685). Thus, the examiner is not…
Read MoreWhat happens if I request an interview during supplemental examination?
If you request an interview during a supplemental examination proceeding, your request will be considered unauthorized and will not be granted. The MPEP states: “Any paper requesting an interview that is filed in a supplemental examination proceeding is an unauthorized paper, and will be expunged from the file if inadvertently entered.” This means that even…
Read MoreHow are potentially interfering patent applications assigned to examiners?
According to MPEP 2304.01(b), applications that are believed to interfere should typically be assigned to the same examiner. The section states: “Ordinarily applications that are believed to interfere should be assigned to the same examiner.” This practice ensures consistency in the examination process for potentially interfering applications. To learn more: Patent Interference Examiner Assignment USPTO…
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 MoreWhat replaced inter partes reexamination?
Inter partes reexamination was replaced by inter partes review (IPR) as part of the America Invents Act (AIA). While not explicitly stated in MPEP 2627, the section notes that inter partes reexamination requests were discontinued after September 16, 2012. This date coincides with the implementation of IPR, which offers a similar but more streamlined process…
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