Chapter 2800 Flashcards
1
Q
Title of Chapter
A
Supplemental Examination
2
Q
supplemental examination
A
- provides mechanism to request that Office consider, reconsider or correct into believed to be relevant to patent (SNQ)
- 35 USC 257
3
Q
who can request
A
only patent owner of entire right, title & interest in patent
4
Q
item of information
A
- 37 CFR 1.605
- doc that contains info believe to be relevant to patent
- max 12 items
5
Q
fees
A
filing fee, ex parte examination fee, applicable document size fees (20 pages)
6
Q
content of request for sup. exam.
A
- each claim identified
- separate, detailed explanation of relevance & manner of applying each item of info (37 CFR 1.610)
7
Q
determination on request
A
- SNQ raised by items of info, where reasonable likelihood of reasonable examiner consider item of info important in deciding claim patentable
- non-final fed court decision not binding
- final fed court decision binding
- decision made w/in 3 months of filing date
8
Q
after finding SNQ
A
ex parte reexam
9
Q
after finding no SNQ
A
supplemental exam certificate published as attachment to patent
10
Q
who processes request
A
Central Reexamination Unit (CRU)