How can the public access reexamination files?
The public can access reexamination files through Patent Center on the USPTO Internet site. As stated in the MPEP, Reexamination files are open to inspection by the general public by way of Patent Center via the USPTO Internet site. To access Patent Center, visit the USPTO website. It’s important to note that while most of…
Read MoreHow are inter partes reexamination files made accessible to the public?
Inter partes reexamination files are generally accessible to the public, with certain provisions for electronic access. The MPEP 2609 provides the following information: The reexamination file is scanned to provide an electronic copy of the file, which is the Official file of the proceeding. All public access to and copying of reexamination proceedings may be…
Read MoreAre ex parte reexamination files publicly accessible?
Yes, ex parte reexamination files are generally open to the public, but with some limitations. According to MPEP 2209: “(H) All reexamination and patent files are open to the public, but see paragraph (I) below;“ “(I) The reexamination file is scanned into IFW to provide an electronic format copy of the file. All public access…
Read MoreWhat is the role of the Patent Trial and Appeal Board (PTAB) in derivation proceedings?
The Patent Trial and Appeal Board (PTAB) plays a central role in derivation proceedings. As stated in MPEP 2310: “A derivation proceeding is a trial proceeding under 35 U.S.C. 135 conducted at the Board to determine whether (i) an inventor named in an earlier application derived the claimed invention from an inventor named in the…
Read MoreWhat is PSIPS and how is it related to Sequence Listings?
PSIPS stands for Publication Site for Issued and Published Sequences. It is a platform used by the USPTO for publishing lengthy Sequence Listings separately from the main patent document. MPEP 2419.02 states: “Any ASCII text file produced by the USPTO that is 600KB or more, but under 1GB will be processed for separate publication on…
Read MoreHow can I protect designs cancelled from an international design application due to a restriction requirement?
Designs cancelled from a nonprovisional international design application as a result of a restriction requirement can be protected through the filing of divisional applications. These divisional applications can be filed in two ways: As a design application under 35 U.S.C. chapter 16, or As an international design application designating the United States According to MPEP…
Read MoreWhat is procedural estoppel in patent interference proceedings?
Procedural estoppel in patent interference proceedings prevents a losing party from seeking relief that could have been—but was not—sought during the interference. MPEP 2308.03 states: “A losing party is procedurally barred from seeking from the examiner relief that could have been–but was not–sought in the interference.” This means that if an applicant had the opportunity…
Read MoreHow is prior art considered in inter partes reexamination?
In inter partes reexamination, the consideration of prior art is limited to specific types of documents. According to MPEP 2609: Prior art considered during reexamination is limited to prior patents or printed publications applied under the appropriate parts of 35 U.S.C. 102 and 103; This means that only patents and printed publications can be used…
Read MoreWhat types of prior art can be considered in ex parte reexamination?
In ex parte reexaminations ordered under 35 U.S.C. 304, the types of prior art that can be considered are limited. According to MPEP 2209: “In ex parte reexaminations ordered under 35 U.S.C. 304, prior art considered during reexamination is limited to prior art patents or printed publications applied under the appropriate parts of 35 U.S.C.…
Read MoreHow does a prior adverse decision by the USPTO affect the determination of a substantial new question of patentability?
A prior adverse decision by the USPTO can significantly impact the determination of a substantial new question of patentability (SNQ) in a reexamination proceeding. The MPEP provides guidance on this issue: Prior adverse decisions on the same prior art: If the USPTO has previously made an adverse decision on patentability based on the same prior…
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