What is a reexamination certificate?
A reexamination certificate is a document issued by the USPTO after the completion of a patent reexamination process. It confirms the patentability of the original patent claims, cancels any unpatentable claims, or incorporates allowed amended or new claims. The distribution of this certificate is crucial, as outlined in MPEP 2292: “An e-copy of the reexamination…
Read MoreWhat is a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC)?
A Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) is a document issued by the patent examiner at the conclusion of an inter partes reexamination proceeding. It is prepared using Form PTOL-2068 and indicates the examiner’s intention to issue a reexamination certificate. According to the MPEP, Upon conclusion of the inter partes reexamination…
Read MoreHow does the USPTO verify foreign priority claims in international design applications?
The USPTO verifies foreign priority claims in international design applications through the following process: The International Bureau (IB) typically handles the exchange of priority documents with the USPTO. The USPTO relies on the information provided by the IB regarding the priority claim. If necessary, the USPTO may request additional information or documentation from the applicant.…
Read MoreCan the USPTO suspend an inter partes reexamination due to ongoing litigation?
Yes, the USPTO can suspend an inter partes reexamination due to ongoing litigation, but this is rare. The key points are: The Director has authority to suspend for “good cause” under 35 U.S.C. 314(c). Suspension is considered on a case-by-case basis. The potential for termination under 35 U.S.C. 317(b) may provide “good cause” for suspension.…
Read MoreHow does the USPTO handle refunds for duplicate maintenance fee payments?
The USPTO has a specific process for handling refunds of duplicate maintenance fee payments. According to MPEP 2532: “If the first payment was properly processed, the Office will return the duplicate payment to the second fee submitter. In this event the returned payment will be accompanied by identification of the first fee submitter.“ This means…
Read MoreWhat activities are included in USPTO reexamination time reporting?
The MPEP 2238 provides guidance on the range of activities that should be included in time reporting for reexaminations: “Even activities such as supervision, copying, typing, and docketing should be included.” This means that USPTO personnel should report time spent on both direct examination tasks and supporting activities related to reexamination proceedings. To learn more:…
Read MoreHow does the USPTO handle biological deposits made after the application filing date?
The USPTO has specific procedures for handling biological deposits made after the application filing date. According to MPEP 2407.01: “For biological inventions, for which evidence of reduction to practice via a biological deposit is required, there is a further requirement that the deposit be made within a specified period after the filing date of the…
Read MoreHow does the USPTO handle applications with sequence listings that do not comply with 37 CFR 1.821-1.825?
The USPTO has specific procedures for handling applications with non-compliant sequence listings, as outlined in MPEP 2422.07: If the application is accepted for filing but the sequence listing is found to be non-compliant, the applicant will be notified. The applicant will be given a time period (usually two months) to submit a compliant “Sequence Listing.”…
Read MoreHow are NASA and DoE ownership contests handled by the USPTO?
NASA and DoE ownership contests are handled by the USPTO using procedures similar to patent interferences. The MPEP 2309 states: “Although these cases are not interferences, the interference practices in this chapter generally apply to NASA and DoE ownership contests as well.” The process involves collaboration between various USPTO departments: The examiner works in coordination…
Read MoreHow does the USPTO prioritize reexamination proceedings and reissue applications?
The USPTO prioritizes reexamination proceedings and reissue applications as follows: Highest Priority: Cases involved in litigation (both reexamination proceedings and reissue applications) Second Priority: Reexamination proceedings not involved in litigation Lower Priority: All other cases As stated in MPEP 2661: “Any cases involved in litigation, whether they are reexamination proceedings or reissue applications, will have…
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