Why are ex parte communications prohibited in patent interferences?
Ex parte communications are prohibited in patent interferences to maintain the fairness and integrity of the proceedings. The MPEP 2307.01 explains: “Since an interference involves two or more parties, the integrity of the process requires the opportunity for the opposing party to participate in communications or actions regarding any involved application or patent.” This prohibition…
Read MoreWhen can a patent owner file a request for supplemental examination?
A patent owner can file a request for supplemental examination at any time during the period of enforceability of the patent. This is specified in 37 CFR 1.601(c), which states: “A request for supplemental examination of a patent may be filed at any time during the period of enforceability of the patent.” This rule was…
Read MoreCan third parties submit petitions or documents regarding patent term adjustment?
No, third parties are not allowed to submit petitions or documents concerning patent term adjustment under 35 U.S.C. 154(b). The Manual of Patent Examining Procedure (MPEP) Section 2736 clearly states: “No submission or petition on behalf of a third party concerning patent term adjustment under 35 U.S.C. 154(b) will be considered by the Office. Any…
Read MoreWhat is the purpose of limiting prior art submissions during reexamination?
The limitation on prior art submissions during reexamination proceedings serves a specific purpose. As stated in MPEP 2204: “The purpose of this rule is to prevent harassment of the patent owner due to frequent submissions of prior art citations during reexamination proceedings.” This rule helps maintain the integrity of the reexamination process by preventing potential…
Read MoreCan I make a biological material deposit after a patent has been issued?
No, you cannot make an original biological material deposit after a patent has been issued. The Manual of Patent Examining Procedure (MPEP) 2406 clearly states: “Insofar as the rules do not permit post-issuance original deposits, the failure to make an original deposit in an application cannot be cured by filing a reissue application or instituting…
Read MoreWhen did the rule prohibiting third-party submissions on patent term adjustment take effect?
The rule prohibiting third-party submissions on patent term adjustment has been in effect for patents granted both before and after January 14, 2013. MPEP 2736 states: “For patents granted on or after January 14, 2013, 37 CFR 1.705(d) implements the provisions of 35 U.S.C. 154(b)(4)(B) and provides that no submission or petition on behalf of…
Read MoreHow are patent claim numbers handled during reexamination?
During patent reexamination, the numbering of existing patent claims must be preserved, and any new claims must follow a specific numbering convention. 37 CFR 1.530(g) states: “Patent claims may not be renumbered. The numbering of any claims added in the reexamination proceeding must follow the number of the highest numbered patent claim.” This rule ensures…
Read MoreHow is a supplemental examination proceeding initiated?
A supplemental examination proceeding is initiated by filing a request that complies with specific requirements. According to MPEP 2817: “A supplemental examination proceeding is initiated by the filing of a request for supplemental examination that complies with 35 U.S.C. 257 and 37 CFR 1.601 et seq., and all other applicable rules” This means that patent…
Read MoreCan the scope of patent claims be enlarged during reexamination?
No, the scope of patent claims cannot be enlarged during reexamination. This limitation is explicitly stated in 37 CFR 1.530(j): “No amendment may enlarge the scope of the claims of the patent or introduce new matter. No amendment may be proposed for entry in an expired patent. Moreover, no amendment, other than the cancellation of…
Read MoreWhen did the new requirements for nucleotide and amino acid sequence disclosures in patent applications take effect?
The new requirements for nucleotide and amino acid sequence disclosures in patent applications took effect on July 1, 2022. This is clearly stated in MPEP 2412.02(a): “[Editor Note: This section is applicable to all applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined in 37 CFR…
Read More