Can I communicate with the examiner about my application once an interference is declared?
Once an interference is declared, you should not communicate with the examiner about your application without prior authorization from the Board. The MPEP 2307.01 clearly states: “Once an interference is declared, any attempt by a party to communicate with the Board through the examiner or to have the examiner act in an involved patent or…
Read MoreHow are color photographs or submissions handled in reexamination requests?
Color photographs and similar color submissions in reexamination requests are handled differently from other documents. According to MPEP 2218: “An exception is color photographs and like color submissions, which, if legible as presented, will be retained in an ‘artifact’ file and used as such.” This means that: Color photographs and similar color submissions are not…
Read MoreCan a party claim the same invention after losing an interference?
If a party loses an interference proceeding and subsequently attempts to claim the same invention as the count in the lost interference, their claims will be rejected. The MPEP 2308.03(c) provides clear guidance on this matter: “If a party that lost the earlier interference is again claiming the same invention as the count, the interfering…
Read MoreWhat is claim sorting in patent interference proceedings?
Claim sorting in patent interference proceedings refers to the process of organizing and consolidating claims from multiple related applications to streamline the examination process and manage potential interferences. The Manual of Patent Examining Procedure (MPEP) Section 2304.01(d) states: “If an applicant has several related applications with interfering claims intermixed with claims that do not interfere,…
Read MoreHow does claim sorting affect patent term adjustment?
Claim sorting can have a significant impact on patent term adjustment (PTA). The MPEP 2304.01(d) indicates: “An applicant may be entitled to a day-for-day patent term adjustment for any time spent in an interference.” By sorting claims and potentially avoiding or streamlining interference proceedings, applicants may minimize delays in patent examination. This can affect the…
Read MoreCan a requester challenge a basis for granting reexamination?
While a requester can petition against a denial of reexamination, challenging a basis for granting reexamination is more limited. According to MPEP 2648: “37 CFR 1.927 applies only to challenging a basis for denying of reexamination; it does not apply to challenging a basis for granting of reexamination.” However, there is a specific circumstance where…
Read MoreCan I request a Certificate of Correction to change the Patent Term Adjustment on my patent?
Generally, the USPTO does not grant requests for Certificates of Correction to revise the Patent Term Adjustment (PTA) indicated on a patent. According to MPEP 2733: “The Office will not grant a request for a certificate of correction under either 35 U.S.C. 254 or 255 to revise the patent term adjustment indicated in a patent,…
Read MoreWhat is the role of the Central Reexamination Unit (CRU) in processing inter partes reexamination requests?
The Central Reexamination Unit (CRU) plays a crucial role in processing inter partes reexamination requests: Receives and reviews the reexamination requests Prepares and mails official notices Coordinates the initial processing of requests According to MPEP 2626: “A Notice of Inter Partes Reexamination Request Filing Date will be prepared and mailed by the Central Reexamination Unit…
Read MoreCan a biological deposit be made after a patent has been granted?
No, a biological deposit cannot be made after a patent has been granted if no original deposit was made during the application process. The MPEP clearly states: “A request for a certificate of correction of a patent under 37 CFR 1.805(b) and 37 CFR 1.805(c) will not be granted where no original deposit was made…
Read MoreWhat are the benefits of the reexamination review process?
The reexamination review process offers several benefits to the patent examination system. As outlined in MPEP § 2289, these benefits include: Correcting errors Identifying problem areas Recognizing trends Providing information on the uniformity of practice Providing feedback to Office personnel These benefits contribute to maintaining the quality and consistency of patent reexaminations, ultimately improving the…
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