Who can submit prior art during a pending reexamination proceeding?
While there are general limitations on prior art submissions during reexamination proceedings, certain parties are allowed to submit prior art. According to MPEP 2204, the following exceptions apply: “[S]ubmissions filed after the date of any order to reexamine will not be entered into the patent file until the pending reexamination proceeding has been concluded (37…
Read MoreWho can sign a petition for delayed payment of maintenance fees?
The signature requirements for a petition for delayed payment of maintenance fees depend on when the application was filed, as outlined in MPEP 2590: For applications filed on or after September 16, 2012: According to 37 CFR 1.33(b), the petition must be signed by: A patent practitioner of record A patent practitioner not of record…
Read MoreWho can request an ex parte reexamination?
According to MPEP 2209, an ex parte reexamination can be requested by various parties: The patent owner: At any time during the enforceability of a patent. Any third party: During the period of enforceability of the patent. The Director of the USPTO: The Director can order a reexamination on their own initiative. The MPEP states,…
Read MoreWho can pay maintenance fees for a patent?
According to MPEP 2515, anyone can pay maintenance fees for a patent. Specifically, the section states: “The patentee may pay maintenance fees and any necessary surcharges or any person or organization may pay maintenance fees and any necessary surcharges on behalf of the patentee.“ This means that the patent owner, a legal representative, or even…
Read MoreWho can file a request for supplemental examination?
According to MPEP 2811, a request for supplemental examination must be filed by the owner(s) of the entire right, title, and interest in the patent. This requirement is specified in 37 CFR 1.601(a). The MPEP explains: “This is because the scope of a patent may be changed (e.g., by cancellation or amendment of the claims)…
Read MoreWho can file a petition for patent term adjustment?
While MPEP 2736 does not explicitly state who can file a petition for patent term adjustment, it clearly indicates who cannot file such petitions. The section states: “No submission or petition on behalf of a third party concerning patent term adjustment under 35 U.S.C. 154(b) will be considered by the Office.” By inference, this means…
Read MoreWho can file a protest against a patent application?
According to MPEP 1901.01, any member of the public can file a protest under 37 CFR 1.291. This includes: Private persons Corporate entities Government agencies The MPEP states: Any member of the public, including private persons, corporate entities, and government agencies, may file a protest under 37 CFR 1.291. This broad definition ensures that anyone…
Read MoreWho is eligible to file an international design application?
According to MPEP 2904, eligibility to file an international design application is determined by Article 3 of the Hague Agreement. An individual is eligible if they meet one of the following criteria: A national of a Contracting Party A national of a State that is a member of an intergovernmental organization that is a Contracting…
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…
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