What is the difference between ex parte and inter partes reexamination?
While MPEP § 2695 doesn’t directly define the difference between ex parte and inter partes reexamination, it mentions both types in the context of reexamination of a reexamination: “…regardless of whether the reexamination certificate was issued for an ex parte reexamination or an inter partes reexamination, and regardless of whether the pending reexamination proceeding is…
Read MoreWhat is the deadline for filing responses in ex parte reexamination?
The deadline for filing responses in ex parte reexamination is set by 37 CFR 1.530 for patent owners and 37 CFR 1.535 for reexamination requesters. As stated in MPEP 2252, “The failure to timely file or serve the documents set forth in § 1.530 or in § 1.535 may result in their being refused consideration.”…
Read MoreWhat is the purpose of a panel review conference in ex parte reexamination?
A panel review conference in ex parte reexamination serves several important purposes: To discuss the issuance of the final Office action To ensure the quality and consistency of the final rejection To provide additional perspectives on the examiner’s decision To confirm or revise the examiner’s preliminary decision to reject and/or allow claims MPEP § 2271…
Read MoreWhat are the time limitations for interviews in ex parte reexamination proceedings?
Interviews in ex parte reexamination proceedings are subject to specific time limitations as outlined in MPEP 2281: The duration of an interview should not exceed one hour. Only one interview may be requested after an Office action and prior to filing the response to that action. Interviews for discussing patentability are not permitted prior to…
Read MoreWhat are the rules for conducting interviews in ex parte reexamination proceedings?
Interviews in ex parte reexamination proceedings are subject to specific rules as outlined in MPEP 2281: Interviews must be conducted in the Office during designated hours. Only the patent owner and/or their representative can participate; third-party requesters are not permitted. Interviews for discussing patentability are not allowed before the first official action. Interviews should be…
Read MoreWhat are the criteria for making a rejection final in an ex parte reexamination?
The criteria for making a rejection final in an ex parte reexamination proceeding are similar to those used in regular patent applications. According to MPEP § 2271: “The criteria for making a rejection final in an ex parte reexamination proceeding is analogous to that set forth in MPEP § 706.07(a) for making a rejection final…
Read MoreHow does the patent owner respond to a final action in ex parte reexamination?
When responding to a final action in ex parte reexamination, the patent owner should consider the following: A shortened statutory period for response is set, typically two months from the mailing date of the final action Extensions of time under 37 CFR 1.136(a) do not apply in reexamination proceedings Extensions of time are provided for…
Read MoreWhat is the process for issuing a final action in an ex parte reexamination?
The process for issuing a final action in an ex parte reexamination involves several steps: Developing a clear issue between the examiner and the patent owner Providing the patent owner with information and references twice before making the action final Conducting a panel review conference to discuss the issuance of the final action Preparing and…
Read MoreAre refunds available for ex parte reexamination fees?
Yes, refunds are available for ex parte reexamination fees under certain circumstances: If the request is denied or vacated: A refund will be made in accordance with 37 CFR 1.26(c)(1) For more information on denied requests, see MPEP § 2247 and § 2248 For more information on vacated requests, see MPEP § 2227 and §…
Read MoreWhat are the rules for extending time in ex parte reexamination proceedings?
The rules for extending time in ex parte reexamination proceedings are as follows: Extensions under 37 CFR 1.136 are not permitted in ex parte reexamination proceedings. Extensions of time are provided for in 37 CFR 1.550(c). Any request for an extension must specify the requested period of extension and be accompanied by the petition fee…
Read More