Who needs to file a Certificate of Service for patent reexamination?
A Certificate of Service for patent reexamination must be filed by a third-party requester when submitting a request for ex parte reexamination. This is required when the requester is not the patent owner. MPEP 2220 states: “If the requester of a request filed under 35 U.S.C. 302 is a person other than the patent owner,…
Read MoreWho declares and administers an interference proceeding?
The declaration and administration of an interference proceeding involve multiple parties within the USPTO. According to MPEP 2301: “Once an interference has been suggested under 37 CFR 41.202, the examiner refers the suggested interference to the Board. An administrative patent judge declares the interference, which is then administered at the Board.” Specifically: The examiner initially…
Read MoreWho decides whether to institute a derivation proceeding?
The decision to institute a derivation proceeding is made by the Director of the United States Patent and Trademark Office (USPTO). As stated in MPEP 2310.01, which cites 35 U.S.C. 135(a)(1): “Whenever the Director determines that a petition filed under this subsection demonstrates that the standards for instituting a derivation proceeding are met, the Director…
Read MoreWho 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 § 2289: “All reexamination cases are monitored and reviewed in the Central Reexamination Unit (CRU) or Technology Center (TC)…
Read MoreWho conducts the reexamination review?
The reexamination review is conducted by specialized personnel within the USPTO. According to MPEP 2689: “After a reexamination case is acted on by the examiner and all premailing clerical processing is completed, the case is forwarded to the Central Reexamination Unit (CRU) Supervisory Patent Reexamination Specialist (SPRS) or Technology Center (TC) Quality Assurance Specialist (QAS).“…
Read MoreWho typically conducts an inter partes reexamination?
Typically, the same patent examiner who decided to grant the reexamination request conducts the examination. As stated in MPEP § 2655: “The examination is ordinarily conducted by the same patent examiner who made the decision that the reexamination request should be granted.” This ensures continuity and familiarity with the case throughout the reexamination process. To…
Read MoreWho typically conducts ex parte reexaminations?
Typically, the same patent examiner who made the decision on whether the reexamination request should be granted conducts the examination. As stated in MPEP § 2255: “The examination will ordinarily be conducted by the same patent examiner who made the decision on whether the reexamination request should be granted.” This ensures continuity in the examination…
Read MoreWho can suggest an interference in the patent examination process?
According to MPEP 2304, an interference can be suggested by either an applicant or an examiner. Specifically, the MPEP states: “The suggestion for an interference may come from an applicant or from an examiner.” This means that both parties involved in the patent application process have the ability to initiate the interference procedure if they…
Read MoreWho can submit prior art or patent owner statements under 37 CFR 1.501(a)?
According to 37 CFR 1.501(a), any person can submit prior art or patent owner statements during the enforceability period of a patent. The MPEP clearly states: 37 CFR 1.501(a) permits any person at any time during the period of enforceability of a patent to file a written submission. This broad allowance includes, but is not…
Read MoreWho can submit prior art or written statements to the USPTO for a patent?
According to MPEP 2203, any person can submit prior art or written statements to the USPTO for a patent. The MPEP states: “Any person” may be a corporate or governmental entity as well as an individual. “Any person” includes patentees, licensees, reexamination requesters, real parties in interest to the patent owner or requester, persons without…
Read More