How does the USPTO handle incomplete requests for inter partes reexamination?
The USPTO has specific procedures for handling incomplete requests for inter partes reexamination: The request is reviewed for completeness. If found incomplete, a notice is sent to the requester. The requester is given time to complete the request. According to MPEP 2626: “If the request for inter partes reexamination is incomplete… the person identified as…
Read MoreHow does the USPTO handle inadvertent omissions in a patent owner’s response during inter partes reexamination?
The USPTO recognizes that sometimes a patent owner’s response may inadvertently omit certain matters or requirements while still being a bona fide attempt to respond and advance prosecution. In such cases, the USPTO may provide an opportunity for the patent owner to address the omission. According to MPEP 2666.10: “When action by the patent owner…
Read MoreWhat happens if the first maintenance fee payment was not properly processed?
If the USPTO determines that the first maintenance fee payment was not properly processed, they follow a specific procedure. According to MPEP 2532: “If a review of the Office record of the first maintenance fee payment reveals that the first payment was not properly processed (e.g., did not comply with 37 CFR 1.366(c) or was…
Read MoreHow does the USPTO handle protests alleging fraud or violation of duty of disclosure?
The USPTO has specific procedures for handling protests that allege fraud or violation of the duty of disclosure. According to the MPEP: “Information indicating ‘fraud’ or ‘violation of the duty of disclosure’ under 37 CFR 1.56 may be the subject of a protest under 37 CFR 1.291. Protests raising fraud or other inequitable conduct issues…
Read MoreHow does the USPTO handle excessive submissions in inter partes reexamination?
The USPTO has discretion to manage the volume of submissions in inter partes reexamination proceedings. According to MPEP 2686: “If the Office, in its sole discretion, deems the volume of the papers filed from litigations or other proceedings to be too extensive/lengthy, the Office may return, expunge or discard, at its sole discretion, all or…
Read MoreHow does the USPTO handle duty of disclosure and inequitable conduct issues?
The United States Patent and Trademark Office (USPTO) generally does not handle duty of disclosure or inequitable conduct issues during the examination process. According to MPEP 2010, “It is the courts and not the Office that are in the best position to fashion an equitable remedy to fit the precise facts in those cases where…
Read MoreHow does the USPTO handle discounted maintenance fee payments without proper entity status?
When a maintenance fee payment is submitted at a discounted rate (small or micro entity) without proper documentation of entity status, the USPTO will consider it insufficient. According to MPEP 2531: “If a payment is deemed insufficient because the payment was submitted in a discounted amount but entitlement to the entity status (small or micro)…
Read MoreHow does the USPTO handle defective sequence listings in patent applications filed after January 1, 2022?
For patent applications filed on or after January 1, 2022, the USPTO has specific procedures for handling defective sequence listings. According to MPEP 2422.07: “Applications filed on or after January 1, 2022, that are otherwise complete, but that contain defective sequence listings, will be accepted and the defective sequence listing will be treated in accordance…
Read MoreHow does the USPTO handle cumulative information in supplemental examination?
The USPTO’s handling of cumulative information in supplemental examination is addressed in MPEP 2816.02. Key points include: Cumulative information generally does not raise a substantial new question of patentability (SNQ) Information is cumulative when it teaches no more than what was previously known from cited prior art in the record However, a combination of references…
Read MoreHow does the USPTO handle confidential concurrent proceedings during reexamination?
The USPTO has specific procedures for handling confidential concurrent proceedings during reexamination. According to MPEP 2282: “If the concurrent proceeding is a confidential proceeding pending before the Office, the reexamination proceeding will be referred to an appropriate Technology Center (TC) official to resolve any issues relating to the confidential status of the concurrent proceeding before…
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