What is the role of Technology Center Directors in patent reexamination?
Technology Center Directors play a crucial role in certain patent reexamination cases. According to MPEP 1003, they are involved in unusual fact situations in patents that establish:
- There is a “compelling reason” to order reexamination
- At least one claim in the patent is prima facie unpatentable over prior patents and/or printed publications
The MPEP specifically states: “An unusual fact situation in a patent that establishes: a. there is a ‘compelling reason’ to order reexamination, and b. at least one claim in the patent is prima facie unpatentable over prior patents and/or printed publications. See 37 CFR 1.520, MPEP § 2239.”
For more detailed information on patent reexamination procedures, refer to MPEP 2200. Technology Center Directors play a key role in determining whether these unusual situations warrant reexamination.
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