What is the “Reasons Document” in Supplemental Examination?
The “Reasons Document,” officially called the “Reasons for Substantial New Question of Patentability Determination,” is a document that accompanies the Supplemental Examination Certificate. It provides a detailed explanation of why each item of information submitted in a supplemental examination request does or does not raise a substantial new question of patentability (SNQ). The MPEP states:…
Read MoreWhat is the purpose of the statement applying prior art in an inter partes reexamination request?
The purpose of the statement applying prior art in an inter partes reexamination request is to explain how the cited prior art is applicable to the claims of the patent for which reexamination is requested. According to MPEP 2617: “The request must include a statement applying the cited prior art (the patents and printed publications)…
Read MoreWhat is the purpose of recording the Statement of Grant of Protection in the International Register?
The recording of the Statement of Grant of Protection in the International Register serves several important purposes in the context of international design applications. According to MPEP 2940, which cites Hague Rule 18bis(3): “The International Bureau shall record any statement received under this Rule in the International Register, inform the holder accordingly and, where the…
Read MoreWhat is the purpose of supplemental examination?
Supplemental examination is a process in patent law that allows patent owners to request the United States Patent and Trademark Office (USPTO) to consider, reconsider, or correct information believed to be relevant to their patent. This process is primarily used to address potential issues of inequitable conduct or other patentability concerns that may have arisen…
Read MoreWhat is the purpose of listing prior art in a reexamination proceeding?
The purpose of listing prior art in a reexamination proceeding is to provide a comprehensive record of all the patents and printed publications that were considered during the reexamination process. According to MPEP 2257: “A listing of the patents and printed publications relied upon by the examiner in rejecting the claims will be printed on…
Read MoreWhat is the purpose of listing prior art in a reexamination request?
The purpose of listing prior art in a reexamination request is to provide a comprehensive record of relevant patents and printed publications that are being considered during the reexamination process. According to MPEP 2257, “The reexamination request must provide a listing of the patents and printed publications (discussed in the request) as provided for in…
Read MoreWhat is the purpose of citing prior art in an inter partes reexamination?
Citing prior art in an inter partes reexamination serves to bring relevant existing patents, publications, or other information to the attention of the USPTO during the reexamination process. This helps ensure that all pertinent information is considered when determining the patentability of the claims under review. According to MPEP 2602, “Citations by the patent owner…
Read MoreHow are patent applications with lengthy sequence listings published?
According to MPEP 2435, patent applications with lengthy sequence listings are published as follows: The specification, claims, and drawings are published in the Patent Application Publication. The sequence listing is published separately as a Sequence Listing XML file on the USPTO website. A statement is included in the Patent Application Publication indicating the publication of…
Read MoreHow is the Inter Partes Reexamination Certificate published?
The Inter Partes Reexamination Certificate is published by the USPTO to officially conclude the reexamination proceeding. According to MPEP 2688: “A notice of the issuance of each certificate under this section will be published in the Official Gazette.” The MPEP further clarifies that the notice is published on the date of issuance of the certificate…
Read MoreHow is the public notified of an issued Ex Parte Reexamination Certificate?
The United States Patent and Trademark Office (USPTO) has a specific procedure for notifying the public about the issuance of Ex Parte Reexamination Certificates. According to MPEP 2288: “A notice of the issuance of each ex parte reexamination certificate under this section will be published in the Official Gazette on its date of issuance.” This…
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