How is an inter partes reexamination certificate distributed?
The distribution of an inter partes reexamination certificate involves several steps: An e-copy of the certificate is associated with the e-copy of the patent in the search files. A copy is included in any patent copies prepared by the USPTO after the certificate’s issuance. Copies are forwarded to all depository libraries. Copies are sent to…
Read MoreWhat is the applicability of the inter partes reexamination procedure described in MPEP 2661?
The inter partes reexamination procedure described in MPEP 2661 is specifically applicable to requests filed before September 16, 2012. This is clearly stated in the editor’s note at the beginning of the section: “[Editor Note: Applicable only to a request for inter partes reexamination filed prior to September 16, 2012]” This limitation is important because…
Read MoreCan informal amendments be accepted in inter partes reexamination proceedings?
No, informal amendments are not accepted in inter partes reexamination proceedings. The MPEP 2685 explicitly states: “An informal amendment by the patent owner will not be accepted, because that would be tantamount to an ex parte interview.” This policy ensures that all communications and amendments are formally submitted and properly recorded, maintaining the integrity and…
Read MoreWhat should I do if I believe the Patent Term Adjustment on my patent is incorrect?
If you believe the Patent Term Adjustment (PTA) indicated on your patent is incorrect, you have several options depending on whether you think it’s too long or too short: If you think the PTA is too short: File a request for reconsideration using the procedures set forth in 37 CFR 1.705(b). This is the official…
Read MoreIn what situations is a petition under 37 CFR 1.377 not appropriate?
The MPEP outlines several situations where a petition under 37 CFR 1.377 would not be appropriate: Complete failure to include correct identifiers: “A petition under 37 CFR 1.377 would not be appropriate where there is a complete failure to include at least one correct mandatory identifier as required by 37 CFR 1.366(c) for the patent…
Read MoreHow should maintenance fee payments be submitted to the USPTO?
Maintenance fee payments should be submitted according to specific guidelines outlined in MPEP 2515. Key points include: Payments must be submitted in the amount due on the date of payment Fees can be paid in the manner set forth in 37 CFR 1.23 or by authorization to charge a deposit account Payments must be submitted…
Read MoreHow can an applicant express disagreement with a requirement to add a claim for interference?
While an applicant must comply with a requirement to add a claim under 37 CFR 41.202(c), they can still express disagreement with the requirement. According to MPEP 2304.04(b), an applicant can express disagreement in several ways: Identifying a claim already in its application, or another of its applications, that provides a basis for the proposed…
Read MoreCan I amend a “Sequence Listing XML” in my patent application?
Yes, you can amend a “Sequence Listing XML” in your patent application. The process for amending a “Sequence Listing XML” due to errors or omissions is outlined in 37 CFR 1.835(b). As stated in the MPEP: “To amend a “Sequence Listing XML” due to errors or omissions, the procedure is outlined in 37 CFR 1.835(b).…
Read MoreHow are reasons for patentability provided in a NIRC?
Reasons for patentability must be provided for every claim identified as patentable in the Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC), unless all claims are canceled. The process involves: Indicating why the claims found patentable are clearly patentable over cited patents or printed publications. Using a manner similar to indicating reasons for…
Read MoreWhat happens if a third party submits information regarding a patent term extension proceeding?
According to MPEP 2763, any submissions made by third parties regarding patent term extension proceedings will not be considered by the USPTO. The section clearly states: “Submissions by third parties not requested by the Office will be returned, or otherwise disposed of, without consideration.“ This policy is enforced to maintain the ex parte nature of…
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