Who conducts reexamination reviews at the USPTO?
Reexamination reviews at the USPTO are conducted by several entities: Central Reexamination Unit (CRU) Supervisory Patent Reexamination Specialist (SPRS) Technology Center (TC) Quality Assurance Specialist (QAS) Paralegals Other assigned technical support staff As stated in MPEP ยง 2289: “All reexamination cases are monitored and reviewed in the Central Reexamination Unit (CRU) or Technology Center (TC)…
Read MoreWho can file a request for ex parte reexamination?
According to MPEP 2212, “any person” may file a request for ex parte reexamination of a patent, as stated in 35 U.S.C. 302 and 37 CFR 1.510(a). The MPEP specifically notes that: “Corporations and/or governmental entities are included within the scope of the term ‘any person.’“ This broad definition includes patentees, licensees, potential licensees, attorneys,…
Read MoreWho can file a petition for a derivation proceeding?
According to MPEP 2310.01, an applicant for a patent can file a petition to institute a derivation proceeding. Specifically, the statute states: “An applicant for patent may file a petition with respect to an invention to institute a derivation proceeding in the Office.” This means that if you are an applicant who believes that your…
Read MoreWhere can I file an international design application?
According to MPEP 2905, an international design application can be filed in two ways: Directly with the International Bureau Indirectly through the office of the applicant’s Contracting Party (if allowed) The MPEP states: “Pursuant to Article 4 of the Hague Agreement, an international design application may be filed either directly with the International Bureau or…
Read MoreWhen should a request for interim extension be filed?
According to 37 CFR 1.760, as cited in MPEP 2755.01: “Any such request should be filed at least three months prior to the expiration date of the patent.“ However, the MPEP clarifies that this time frame is not mandatory: “While 37 CFR 1.760 provides that a request for an interim extension by the applicant ‘should’…
Read MoreWhen should information be disclosed to the USPTO during patent prosecution?
Information should be submitted promptly to the USPTO during patent prosecution. The MPEP states: An applicant, attorney, or agent who is aware of material prior art or other information and its significance should submit the information as early as possible in prosecution, e.g., before the first Office action, and not wait until after allowance. However,…
Read MoreWhen is a Statement of Grant of Protection issued for an international design application?
A Statement of Grant of Protection is issued by the United States Patent and Trademark Office (USPTO) after a patent has been granted on an international design application that designates the United States. This occurs specifically for nonprovisional international design applications. According to MPEP 2940: “Upon issuance of a patent on a nonprovisional international design…
Read MoreWhen is a replacement “Sequence Listing XML” required in a patent application?
A replacement “Sequence Listing XML” is required in a patent application under the following circumstances: When errors are identified in a previously submitted “Sequence Listing XML” When the previously submitted “Sequence Listing XML” fails to comply with 37 CFR 1.831 – 1.834 When the applicant chooses to amend a previously submitted “Sequence Listing XML” According…
Read MoreWhen is an Inter Partes Reexamination Certificate issued?
An Inter Partes Reexamination Certificate is issued at the conclusion of an inter partes reexamination proceeding. According to MPEP 2688: “Since abandonment is not possible in a reexamination proceeding, an inter partes reexamination certificate will be issued at the conclusion of the proceeding for each patent in which a reexamination proceeding has been ordered under…
Read MoreWhen is an Ex Parte Reexamination Certificate issued?
An Ex Parte Reexamination Certificate is issued at the conclusion of an ex parte reexamination proceeding. According to MPEP 2288, the certificate is issued: “when the time for appeal has expired or any appeal proceeding has terminated” This means the certificate is issued after all opportunities for challenging the results of the reexamination have been…
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