What are the key procedures for conducting inter partes reexamination proceedings?
Inter partes reexamination proceedings are conducted according to specific procedures established by law and regulation. According to MPEP 2654:
- Reexamination follows procedures similar to initial examination, as stated in 35 U.S.C. 314(a): “Except as otherwise provided in this section, reexamination shall be conducted according to the procedures established for initial examination under the provisions of sections 132 and 133.”
- The patent owner may propose amendments, but cannot enlarge the scope of claims.
- Both the patent owner and third-party requester must serve documents on each other.
- The third-party requester has 30 days to comment on patent owner responses.
- Proceedings are conducted with “special dispatch” unless good cause is shown.
These procedures ensure a fair and efficient reexamination process with opportunities for both parties to participate.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2654 - Conduct Of Inter Partes Reexamination Proceedings,
Patent Law,
Patent Procedure