How does the USPTO handle the timing of reexamination proceedings?
The USPTO is required to conduct reexamination proceedings with special dispatch. MPEP 2821 references 35 U.S.C. 305, which states:
“Reexamination will be conducted with special dispatch within the Office.“
This requirement ensures that reexamination proceedings are handled promptly and efficiently. The MPEP also cites the case of Ethicon v. Quigg, 849 F.2d 1422 (Fed. Cir. 1988), which supports this principle of expedited handling of reexamination proceedings.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2821 - Multiple Post - Patent Office Proceedings,
Patent Law,
Patent Procedure