Who is responsible for assigning supplemental examination requests to examiners?
Within the assigned art unit of the Central Reexamination Unit (CRU), the Supervisory Patent Examiner (SPE) is responsible for assigning supplemental examination requests to examiners. The MPEP states, In that art unit, the CRU Supervisory Patent Examiner (SPE) will assign the request to a primary examiner, other than the examiner who originally examined the patent…
Read MoreWho assigns reexamination requests in the USPTO?
Reexamination requests are typically assigned by the Supervisory Patent Reexamination Specialist (SPRS) in the Central Reexamination Unit (CRU). As stated in the MPEP, Except for reexamination requests for design patents, reexamination requests are assigned to the Central Reexamination Unit (CRU) art unit which examines the technology (Chemical, Electrical, Mechanical, etc.) in which the patent to…
Read MoreHow are “wherein” and “whereby” clauses interpreted in patent claims?
The interpretation of “wherein” and “whereby” clauses in patent claims depends on their specific context and effect on the claim. According to MPEP 2111.04: “The determination of whether each of these clauses is a limitation in a claim depends on the specific facts of the case.” For “wherein” clauses, they can be limiting if they…
Read MoreWhere should the copy of the reexamination request be served to the patent owner?
The copy of the reexamination request must be served to the patent owner’s official correspondence address. MPEP 2220 specifies: “The service must be made on the patent owner’s correspondence address as indicated in 37 CFR 1.33(c).“ This means that the third-party requester must send the copy of the request to the address that the USPTO…
Read MoreWhere can I file an international design application?
According to MPEP 2905, an international design application can be filed in two ways: Directly with the International Bureau Indirectly through the office of the applicant’s Contracting Party (if allowed) The MPEP states: “Pursuant to Article 4 of the Hague Agreement, an international design application may be filed either directly with the International Bureau or…
Read MoreWhen was inter partes reexamination replaced by inter partes review?
Inter partes reexamination was replaced by inter partes review on September 16, 2012, as a result of the Leahy-Smith America Invents Act (AIA). The MPEP states: “Section 6(c) of the AIA replaced the inter partes reexamination process, effective September 16, 2012, with a new inter partes review process, such that on or after September 16,…
Read MoreWhen can a patent examiner use the streamlined eligibility analysis?
When can a patent examiner use the streamlined eligibility analysis? A patent examiner can use the streamlined eligibility analysis when a claim, viewed as a whole, clearly does not attempt to tie up a judicial exception. The MPEP 2106.06 states: “This analysis can be used for claims that may or may not recite a judicial…
Read MoreWhen can an affidavit or declaration under 37 CFR 1.130(a) be used?
An affidavit or declaration under 37 CFR 1.130(a), also known as an affidavit or declaration of attribution, can be used in two specific situations: To establish that a disclosure was made by the inventor or joint inventor. To establish that the subject matter disclosed was obtained directly or indirectly from the inventor or joint inventor.…
Read MoreWhen should an interference be suggested during patent examination?
An interference should rarely be suggested until examination is completed on all other issues. According to MPEP 2303, “Each pending claim must be allowed, finally rejected, or canceled. Any appeal from a final rejection must be completed, including any judicial review. Any petition must be decided.” This means that examiners should resolve all other patentability…
Read MoreWhen can prior art be submitted under 37 CFR 1.501(a)?
Prior art can be submitted under 37 CFR 1.501(a) at any time during the period of enforceability of a patent. The MPEP explicitly 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. The period of enforceability typically includes: The entire term…
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