Chapter 2600 Flashcards
1
Q
Title of Chapter
A
Optional Inter Partes Reexamination
2
Q
what did AIA do
A
- changed it to review and not reexam
3
Q
IPR
A
- 3rd party request prior to 9.16.12 ant rime during enforceability of patent
- similar to examination, different rejections, 3rd party can participate
- claims are basis
4
Q
decision on request
A
- before 9.16.11 - SNQ
- after 9.16.11 - reasonable likelihood requester will prevail (RLP) on at least 1 claim
- same standards apply to SNQ as EPR
5
Q
scope
A
- 37 CFR 1.906
- prior art patents printed pubs, double patenting
- compliance w/ 35 USC 112
- claims in proceedings must not enlarge scope of claims of patent
6
Q
response time for patent owner
A
- owner given 2 months
- can extend 30 days
7
Q
response for 3rd party comments
A
30 days from date of service
doesn’t need comments for every response
8
Q
ACP
A
- action closing prosecution
- similar to final rejection BUT CANNOT BE APPEALED from
9
Q
RAN
A
- Right of Appeal Notice
- identifies status of each claim after appeal
- cannot be issued until owner has responded to each and every rejection prior to appeal stage
10
Q
NIRC
A
Notice of Intent to Issue IPR Reexamination Certificate
11
Q
live claims
A
- existing claims not held invalid by final decision, after all appeals
12
Q
reexam certificate
A
issued at conclusion of proceeding for each patent in which reexam proceeding has been ordered
