How does the USPTO handle incomplete requests for inter partes reexamination?

The USPTO has specific procedures for handling incomplete requests for inter partes reexamination: The request is reviewed for completeness. If found incomplete, a notice is sent to the requester. The requester is given time to complete the request. According to MPEP 2626: “If the request for inter partes reexamination is incomplete… the person identified as…

Read More

How does the USPTO handle confidential concurrent proceedings during reexamination?

The USPTO has specific procedures for handling confidential concurrent proceedings during reexamination. According to MPEP 2282: “If the concurrent proceeding is a confidential proceeding pending before the Office, the reexamination proceeding will be referred to an appropriate Technology Center (TC) official to resolve any issues relating to the confidential status of the concurrent proceeding before…

Read More

How does the USPTO handle ex parte reexamination when all claims are held invalid by a court?

When a court issues a final decision holding all claims invalid or unenforceable in a patent undergoing ex parte reexamination, the USPTO has specific procedures to follow. According to MPEP 2286: “If all of the claims being examined in the reexamination proceeding are finally held invalid or unenforceable, the reexamination will be vacated by the…

Read More

Can the Director make exceptions to the “special dispatch” requirement in inter partes reexamination?

Yes, the Director of the USPTO can make exceptions to the “special dispatch” requirement in inter partes reexamination proceedings for good cause. This is explicitly stated in 35 U.S.C. 314(c): “Unless otherwise provided by the Director for good cause, all inter partes reexamination proceedings under this section, including any appeal to the Board of Patent…

Read More