Can papers filed untimely in inter partes reexamination be considered later in the proceedings?

Yes, papers that were initially considered untimely and returned or expunged in inter partes reexamination can potentially be considered later in the proceedings. According to MPEP 2625: “If the submission of the returned/expunged papers is appropriate later in the proceedings, they may be filed, and accepted by the Office, at that time.” This provision allows…

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What are the deadlines for complying with the Sequence Rules?

The Sequence Rules include specific deadlines for compliance, as mentioned in MPEP 2421.02. While the exact deadlines are not provided in this section, it’s noted that the rules define “the deadlines for complying with the requirements.” Key points about compliance deadlines: They are mandatory and must be strictly adhered to Specific deadlines may vary depending…

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What regulations govern the conduct of derivation proceedings?

The conduct of derivation proceedings is governed by regulations prescribed by the Director of the United States Patent and Trademark Office (USPTO). According to MPEP 2310.01, which cites 35 U.S.C. 135(b): “The Director shall prescribe regulations setting forth standards for the conduct of derivation proceedings, including requiring parties to provide sufficient evidence to prove and…

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What aspects are checked during the procedural review of a reexamination case?

The procedural review of a reexamination case focuses on ensuring compliance with various legal and administrative requirements. According to MPEP 2689, the CRU SPRS or TC QAS will: “(A) procedurally review the examiner’s action for compliance with the applicable provisions of the reexamination statute and regulations, and with reexamination policy, practice and procedure“ This review…

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What are the responsibilities of patent practitioners regarding information from other government agencies?

Patent practitioners have a responsibility to review and potentially disclose information received from other government agencies that may be material to patentability. The MPEP 2015 advises: “Similarly, each individual with a duty to disclose, or party with a duty of reasonable inquiry, should review documents it receives from other Government agencies to determine whether the…

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