What is the time period for correcting defective papers in ex parte reexamination?
When an examiner issues a notice of defective paper in ex parte reexamination, a time period is set for correction. According to MPEP 2266.02: “A time period from the mailing date of the notice will be set in the appropriate form (PTOL-475 or PTO-2311) for correction of the defect(s). Extension of time to correct the…
Read MoreWhat is the time period given to a patent owner to correct an omission in their response?
When a patent owner’s submission is not fully responsive due to an omission, the examiner typically provides a new time period for correction. According to MPEP 2666.30: “The patent owner should be notified of the deficiency and the correction needed, and given a new time period for response (usually one month) pursuant to 37 CFR…
Read MoreWhat is the significance of “at the time of the invention” in equivalence determinations?
What is the significance of “at the time of the invention” in equivalence determinations? The phrase “at the time of the invention” is crucial in equivalence determinations during patent examination. The MPEP emphasizes this temporal aspect: “[T]he examiner must … determine whether the assertedly equivalent element in the prior art or a reference would have…
Read MoreHow does the “time of invention” differ for AIA and pre-AIA applications in equivalence determinations?
The “time of invention” consideration differs for AIA (America Invents Act) and pre-AIA applications in equivalence determinations: For AIA applications: The relevant time is “before the effective filing date of the claimed invention.” For pre-AIA applications: The relevant time is “at the time of the invention.” MPEP 2183 notes: “For applications subject to the first…
Read MoreWhat are the time limits for suggesting an interference in a patent application?
The time limits for suggesting an interference in a patent application are specified in 37 CFR 41.202(c). According to MPEP 2304.02: “The suggestion of interference must be made within the time specified in 37 CFR 41.202(c).” The time limits are as follows: For an application not subject to pre-grant publication: prior to six months from…
Read MoreWhat are the time limits for responding to Office actions in ex parte reexamination?
The time limits for responding to Office actions in ex parte reexamination are strictly defined in the MPEP and patent regulations. According to MPEP 2260: “The time for response to any Office action in an ex parte reexamination proceeding will normally be two months… The response period may be extended only upon a showing of…
Read MoreWhat are the time limits for requesting rehearing of a Board decision?
According to MPEP 2682, the time limits for requesting rehearing of a Board decision are as follows: The request must be filed within one month from the date of: The original decision under 37 CFR 41.77(a) The original 37 CFR 41.77(b) decision under the provisions of 37 CFR 41.77(b)(2) The expiration of the time for…
Read MoreWhat are the time limits for patent owner submissions after an ACP?
The time limits for patent owner submissions after an Action Closing Prosecution (ACP) are as follows: The submission must be filed within the time period set for response to the ACP, typically 30 days or one month (whichever is longer) from the ACP mailing date. An extension may be requested under 37 CFR 1.956, but…
Read MoreHow long do parties have to correct defects in inter partes reexamination submissions?
Parties typically have one month or thirty days, whichever is longer, from the mailing date of the form PTOL-2069 or equivalent letter to correct defects in their submissions. The MPEP 2666.50 states: “A time period of one month or thirty days, whichever is longer, from the mailing date of the form PTOL-2069 or equivalent letter…
Read MoreWhat are the time limits for filing an appeal brief in ex parte reexamination?
The time limit for filing an appeal brief in ex parte reexamination is two months from the date of the appeal. As stated in the MPEP: “The time for filing the appeal brief is two (2) months from the date of the appeal.” This time limit is important for patent owners to ensure their appeal…
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