What is the process for transferring a reexamination request to a different art unit?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
The transfer process for a reexamination request involves several steps:
- The CRU Supervisory Patent Reexamination Specialist (SPRS) of the initially assigned art unit must believe a transfer is necessary.
- The SPRS must obtain consent from the SPRS of the desired art unit.
- Any conflicts are resolved by the CRU Director.
As stated in the MPEP:
If the CRU Supervisory Patent Reexamination Specialist (SPRS) (to whose art unit the reexamination has been assigned) believes that the reexamination should be assigned to another art unit, he or she must obtain the consent of the CRU SPRS of the art unit to which a transfer is desired.
This process ensures that transfers are made with mutual agreement and proper consideration.
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents
MPEP 2237 - Transfer Procedure
Patent Law
Patent Procedure