Chapter 2200 Flashcards
What are the 2 general types of reexamination?
ex parte
inter partes
What is the difference between ex parte and inter partes reexaminations?
They are both initiated by the member of the public, but for ex parte reexamination, once the requestor has submitted her request, she no longer participates in the proceedings, whereas, during inter partes reexamination, the initiator continues to participate in the proceedings
What can reexaminations be used for?
It can be used to correct defects in an issued patent or by others who wish to have a patent reexamination in light of written prior art
How do you request a reexamination?
The requestor submits a request and pays the required fee
What does the request include?
The request includes a prior art citation that concisely describes the alleged defects in the patent
explanation is required of how the person submitting the prior art considers it to be pertinent to the patent
What are prior art limitations in reexaminations?
Prior art citations in reexaminations are limited to written prior art consisting of patents and printed publications
allegations of prior use, inequitable conduct, and other information not based on written prior art is not a valid grounds for reexamination
What is the first thing that the Patent Office will determine with the reexamination request?
the PO will initially determine if a substantial new question of patentability is presented by prior art in the reexamination request and if so, then the reexamination moves forward in an expedited fashion and it is very similar to regular examination procedure in patent applications
What are some basic characteristics of ex parte reexamination?
anyone can request the reexamination that anytime during the period of enforceability of the patent
prior art considered during reexamination is limited to prior art patents or printed publications applied under the appropriate parts of Section 102 and 103
a substantial new question of patentability must be presented for reexamination to be ordered
decision on the request must be made no later than 3 months from its filing, and the remainder of proceedings must proceed with “special dispatch” within the office
the scope of a claim cannot be enlarged by amendment during reexamination
all examination and patent files are open to the public