What is the role of OPLA in the reexamination request transfer process?

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 Office of Patent Legal Administration (OPLA) plays a crucial role in the reexamination request transfer process. According to MPEP 2237, OPLA’s responsibilities include:

  • Receiving misdirected reexamination requests from TC Directors.
  • Forwarding the request papers to the appropriate Technology Center (TC).
  • Assisting in determining the proper TC for reexamination if there’s uncertainty.

The MPEP states:

“Where a TC Director believes that reexamination has been inappropriately assigned to his/her TC, he/she must return the request papers to the Office of Patent Legal Administration (OPLA) for forwarding to the appropriate TC.”

This highlights OPLA’s role as a central point for managing and redirecting reexamination requests to ensure they are processed by the correct TC.

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2237 - Transfer Procedure Patent Law Patent Procedure
Tags: Reexamination Cru