What is the role of the panel review conference in reexamination decisions?
The panel review conference plays a crucial role in the reexamination decision process. According to the MPEP:
“If the examiner’s position is to deny reexamination, the examiner will prepare for and set up a panel review conference as per MPEP § 2271.01, to discuss the issuance of a decision denying reexamination.”
The conference serves to:
- Discuss the examiner’s preliminary decision to deny reexamination
- Confirm or revise the decision based on the conference discussion
- Ensure multiple perspectives are considered before finalizing the decision
After the conference, if the denial is confirmed, the examiner completes and signs the decision, with the conferees initialing it to indicate their participation.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2247 - Decision Under 35 U.S.C. 303 On Request For Reexamination Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure,
Request Denied