What is “special dispatch” in inter partes reexamination proceedings?

“Special dispatch” is a requirement for inter partes reexamination proceedings as mandated by 35 U.S.C. 314(c). The MPEP states: “In view of the requirement for ‘special dispatch,’ all reexamination proceedings will be ‘special’ throughout their pendency in the Office.” This means that inter partes reexamination proceedings are given priority and expedited treatment throughout the entire…

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Who can sign a petition under 37 CFR 1.377?

The MPEP provides specific guidelines on who can sign a petition under 37 CFR 1.377. According to the manual: “Any petition filed under 37 CFR 1.377 must comply with the requirements of 37 CFR 1.181(b) and must be signed by an attorney or agent registered to practice before the Office, or by the patentee, the…

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What happens to patent applications under secrecy orders in interference proceedings?

Patent applications under secrecy orders are treated differently in interference proceedings. According to MPEP 2306: “An interference will not be declared involving a national application under secrecy order. An applicant whose application is under secrecy order may suggest an interference (§ 41.202(a) of this title), but the Office will not act on the request while…

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How can parties request a suspension of an interference due to a reexamination proceeding?

Parties can request a suspension of an interference due to a reexamination proceeding through two main methods: Motion to Suspend Interference: A party to the interference can file a miscellaneous motion under 37 CFR 41.121(a)(3) to suspend the interference pending the outcome of a reexamination proceeding. This motion must be presented to the Administrative Patent…

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What regulations apply to a converted international design application?

Once an international design application is converted to a U.S. design application under 35 U.S.C. Chapter 16, it becomes subject to the regulations that govern standard U.S. design patent applications. The MPEP explicitly states: “An international design application converted under 37 CFR 1.1052 is subject to the regulations applicable to a design application filed under…

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