What are the formatting requirements for an inter partes reexamination request?
The formatting requirements for an inter partes reexamination request are specified in MPEP 2614 and include: The request must be in writing. All pages should be numbered consecutively. The text must be double-spaced, except for headings, signature blocks, and tables. Margins should be at least one inch on all sides. Font size should be at…
Read MoreWhat is the requirement for explaining the relevance of items of information in a supplemental examination request?
According to MPEP 2811, a supplemental examination request must include a detailed explanation of the relevance and manner of applying each item of information to each claim for which supplemental examination is requested. This requirement is specified in 37 CFR 1.610(b)(5). The MPEP states: “The request must include a separate, detailed explanation of the relevance…
Read MoreWhat documents must be submitted with an ex parte reexamination request?
When filing an ex parte reexamination request, the following documents must be submitted: A copy of each patent or printed publication relied on or referred to in the request English language translations of any non-English documents, including all necessary and pertinent parts As stated in MPEP 2218: “It is required that a copy of each…
Read MoreAre English translations required for non-English prior art in reexamination requests?
Yes, English translations are required for non-English prior art submitted with reexamination requests. According to MPEP 2218: “If any of the documents are not in the English language, an English language translation of all necessary and pertinent parts is also required. See MPEP § 609.04(a), subsection III. An English language summary or abstract of a…
Read MoreHow are drawing corrections handled in international design applications designating the US?
How are drawing corrections handled in international design applications designating the US? Drawing corrections in international design applications designating the United States are handled according to specific procedures outlined in the MPEP 2920: “Where an international design application designating the United States contains a voluntary correction to the drawings, the voluntary correction will generally be…
Read MoreHow should ongoing litigation be disclosed during the patent examination process?
For ongoing litigation related to a pending patent application, the MPEP 2001.06(c) provides guidance on how to disclose this information: Promptly bring the litigation to the attention of the USPTO. Provide enough information to clearly inform the Office of the nature of the issues in the litigation. Submit relevant litigation materials that are “material to…
Read MoreHow do I declare that a sequence listing amendment contains no new matter?
When submitting an amendment that adds a sequence listing to a patent application, it’s crucial to declare that the amendment contains no new matter. The MPEP provides a sample statement for this purpose: “I hereby state that the amendment adding a ‘Sequence Listing’, made in accordance with 37 CFR 1.825(a) is supported in the application,…
Read MoreWhat should be included in a corrected request for supplemental examination?
A corrected request for supplemental examination must be comprehensive and include all necessary components. The MPEP states, “The corrected request must include all of the components that the patent owner intends to include as part of the request, such as, for example, the request itself, copies of each of the items of information, a copy…
Read MoreHow should information about copending reexamination proceedings be provided in a reexamination request?
When providing information about copending reexamination proceedings in a reexamination request, it’s important to follow the guidelines set by the USPTO. According to MPEP 2218: “It is not required nor is it permitted that parties submit copies of copending reexamination proceedings and applications (which copies can be mistaken for a new request/filing); rather, submitters may…
Read MoreWhat are the restrictions on the content of the notification for other post-patent proceedings?
The MPEP 2820 outlines specific restrictions on the content of notifications for other post-patent proceedings during supplemental examination: The notice must be limited to identification of the post-patent Office proceeding. It must not include any discussion of the issues in the current supplemental examination or the identified post-patent Office proceeding(s). The notice must not include…
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