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 MoreWhat happens if the first maintenance fee payment was not properly processed?
If the USPTO determines that the first maintenance fee payment was not properly processed, they follow a specific procedure. According to MPEP 2532: “If a review of the Office record of the first maintenance fee payment reveals that the first payment was not properly processed (e.g., did not comply with 37 CFR 1.366(c) or was…
Read MoreHow does the USPTO handle protests alleging fraud or violation of duty of disclosure?
The USPTO has specific procedures for handling protests that allege fraud or violation of the duty of disclosure. According to the MPEP: “Information indicating ‘fraud’ or ‘violation of the duty of disclosure’ under 37 CFR 1.56 may be the subject of a protest under 37 CFR 1.291. Protests raising fraud or other inequitable conduct issues…
Read MoreHow 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 MoreWhen can the USPTO make a final determination on a patent term extension application?
The USPTO can make a final determination on a patent term extension application at various points in the process. According to MPEP 2755: “A final determination may be made at any time after an application is filed.“ This means that once an applicant submits their patent term extension application, the USPTO has the authority to…
Read MoreHow does the USPTO handle fees for copies of records in contested cases?
The USPTO has specific requirements for fees related to copies of records in contested cases. According to MPEP 2307.02: “Any request from a party for access to or copies of Office records directly related to a contested case must be filed with the Board. The request must precisely identify the records and in the case…
Read MoreHow 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 MoreHow does the USPTO verify and process duplicate maintenance fee payments?
The USPTO follows a specific process to verify and handle duplicate maintenance fee payments. According to MPEP 2532: “If the duplicate payment does comply with 37 CFR 1.366(c) by containing both the patent number and the corroborating application number, the Office will verify that the first payment was properly processed.“ The Office then takes one…
Read MoreCan 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 MoreHow does the USPTO determine if a Sequence Listing XML is “non-lengthy”?
The USPTO determines if a Sequence Listing XML is “non-lengthy” based on the size of the ASCII text file produced after transforming the XML file. According to MPEP 2419.01: “Upon transformation of the .xml file using the style sheet to an ASCII text file, any ASCII text file produced by the USPTO that is under…
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