How is a revocation of power of attorney handled after a patent has been issued?
According to MPEP 2560, “a revocation or withdrawal of an attorney filed after issuance of a patent is not normally processed.” This implies that while it’s possible to submit a revocation of power of attorney at any time, the USPTO typically does not process such revocations after a patent has been granted. The reason for…
Read MoreCan a power of attorney be revoked after the patent grant?
Yes, a power of attorney can be revoked after the patent grant. The process for revoking a power of attorney post-grant is similar to pre-grant revocation: The patent owner must file a revocation with the USPTO A new power of attorney should be filed if a new attorney is appointed The revocation should include the…
Read MoreWhat happens if a power of attorney is revoked in a patent application?
When a power of attorney is revoked in a patent application: The applicant must appoint a new attorney or file a new power of attorney. If no new appointment is made, the Office will send correspondence directly to the applicant at their address of record. The Office will notify the attorney of record that their…
Read MoreWhat is the process for reviving a terminated inter partes reexamination proceeding?
To revive a terminated inter partes reexamination proceeding, the patent owner must file a petition under 37 CFR 1.137. The petition must demonstrate that the delay in response was unintentional. According to the MPEP: “If the patent owner in an inter partes reexamination proceeding fails to file a timely and appropriate response to any Office…
Read MoreWhat is the process for reviving a terminated ex parte reexamination proceeding?
To revive a terminated ex parte reexamination proceeding, the patent owner must file a petition under 37 CFR 1.137. The petition must include: The required reply to the outstanding Office action or notice (if not previously filed) The petition fee as set forth in 37 CFR 1.17(m) A statement that the entire delay was unintentional…
Read MoreIs it possible to revive a reexamination proceeding based on unavoidable delay?
No, it is no longer possible to revive a reexamination proceeding based on unavoidable delay. The MPEP clearly states: “37 CFR 1.137 was revised to implement the changes in the Patent Law Treaties Implementation Act of 2012 (PLTIA) to eliminate revival of an abandoned application and reexamination prosecution terminated under § 1.550(d) under the ‘unavoidable’…
Read MoreWhat is the process for reviewing new matter objections or rejections?
The process for reviewing new matter objections or rejections can vary depending on the specific circumstances. According to MPEP 2163.06: Typically, an objection is petitionable, while a rejection is appealable. However, when the objection is “determinative of the rejection,” such as when the examiner has indicated that the disclosure contains new matter, the issue may…
Read MoreWhat are the key steps in reviewing claims during patent examination?
Reviewing claims is a crucial part of patent examination. According to MPEP 2103, the key steps in reviewing claims are: Identify and evaluate each claim limitation: For processes, identify steps or acts to be performed For products, identify discrete physical structures or materials Correlate claim limitations with the disclosure: Match each claim limitation to portions…
Read MoreHow can a party seek review of a PTAB decision in inter partes reexamination?
Parties seeking review of a Patent Trial and Appeal Board (PTAB) decision in inter partes reexamination have several options, depending on the nature of the issue. According to MPEP 2681: For procedural matters: File a petition to the USPTO The petition must show a convincing error, abuse of discretion, or policy issue For substantive matters:…
Read MoreWhat is the review process after an examiner completes an action in inter partes reexamination?
After an examiner completes an action in inter partes reexamination, it undergoes a review process. The MPEP outlines this process: “After the conference, the proceeding, with the completed action, will be forwarded to the CRU Supervisory Patent Reexamination Specialist (SPRS) or Technology Center (TC) Quality Assurance Specialist (QAS) for review.” If corrections or revisions are…
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