Who is subject to the Duty of Disclosure?
The Duty of Disclosure applies to several parties involved in the patent application process. According to MPEP 2001, the following individuals are subject to this duty: The inventor(s) The attorney or agent who prepares or prosecutes the application Every other person who is substantively involved in the preparation or prosecution of the application and who…
Read MoreWho has the duty to disclose information to the USPTO?
The duty to disclose information to the United States Patent and Trademark Office (USPTO) applies to various individuals involved in the patent application process. While the specific MPEP section provided doesn’t elaborate on this, it’s generally understood that this duty extends to: Inventors Patent attorneys or agents representing the applicant Anyone substantively involved in the…
Read MoreWho has the duty to disclose information material to patentability?
According to 37 CFR 1.56(c), the duty to disclose information material to patentability applies to: Each inventor named in the application Each attorney or agent who prepares or prosecutes the application Every other person who is substantively involved in the preparation or prosecution of the application and who is associated with the inventor, the applicant,…
Read MoreWho has the duty of disclosure in reexamination proceedings?
According to MPEP 2014, the individuals who have a duty of disclosure in reexamination proceedings are: The patent owner Each attorney or agent representing the patent owner Every other individual who is substantively involved on behalf of the patent owner in the reexamination proceeding As stated in 37 CFR 1.555(a): “The individuals who have a…
Read MoreWho has a duty to disclose information material to patentability?
According to 37 CFR 1.56, individuals associated with the filing and prosecution of a patent application have a duty to disclose information material to patentability. This includes: The inventor(s) Each attorney or agent who prepares or prosecutes the application Every other person who is substantively involved in the preparation or prosecution of the application The…
Read MoreWho needs to file a Certificate of Service for patent reexamination?
A Certificate of Service for patent reexamination must be filed by a third-party requester when submitting a request for ex parte reexamination. This is required when the requester is not the patent owner. MPEP 2220 states: “If the requester of a request filed under 35 U.S.C. 302 is a person other than the patent owner,…
Read MoreWho declares and administers an interference proceeding?
The declaration and administration of an interference proceeding involve multiple parties within the USPTO. According to MPEP 2301: “Once an interference has been suggested under 37 CFR 41.202, the examiner refers the suggested interference to the Board. An administrative patent judge declares the interference, which is then administered at the Board.” Specifically: The examiner initially…
Read MoreWho decides whether to institute a derivation proceeding?
The decision to institute a derivation proceeding is made by the Director of the United States Patent and Trademark Office (USPTO). As stated in MPEP 2310.01, which cites 35 U.S.C. 135(a)(1): “Whenever the Director determines that a petition filed under this subsection demonstrates that the standards for instituting a derivation proceeding are met, the Director…
Read MoreWho conducts reexamination reviews at the USPTO?
Reexamination reviews at the USPTO are conducted by several entities: Central Reexamination Unit (CRU) Supervisory Patent Reexamination Specialist (SPRS) Technology Center (TC) Quality Assurance Specialist (QAS) Paralegals Other assigned technical support staff As stated in MPEP § 2289: “All reexamination cases are monitored and reviewed in the Central Reexamination Unit (CRU) or Technology Center (TC)…
Read MoreWho conducts the reexamination review?
The reexamination review is conducted by specialized personnel within the USPTO. According to MPEP 2689: “After a reexamination case is acted on by the examiner and all premailing clerical processing is completed, the case is forwarded to the Central Reexamination Unit (CRU) Supervisory Patent Reexamination Specialist (SPRS) or Technology Center (TC) Quality Assurance Specialist (QAS).“…
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