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THIS CHECKLIST DOES NOT APPLY TO REEXAMINATION PROCEEDINGS - uspto

THIS CHECKLIST DOES NOT APPLY TO REEXAMINATION PROCEEDINGS - uspto 2025

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The document is a checklist for the BPAI 'Brief Only' review process, outlining requirements for supplemental briefs in non-reexamination proceedings. It specifies the need for a concise summary of claimed subject matter, references to specifications and drawings, and includes a claims appendix. The checklist emphasizes compliance with 37 CFR 41.37 and details the procedure for addressing non-compliance.

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How do you appeal an ex parte reexamination?

A patent owner who is dissatisfied with the primary examiners decision to reject claims in an ex parte reexamination proceeding may appeal to the Board for review of the examiners rejection by filing a notice of appeal within the required time.

What is the time period for ex parte?

Under art. 164 of the Indian Limitation Act, 1908, the period of limitation for an application by a defendant for an order to set aside a decree passed ex-parte was 30 days from the date of the decree or when the summons was not duly served, when the applicant had knowledge, of the decree.

What is the timeline for ex parte reexamination?

Although its the CRU that decides ex parte reexamination requests, the PTAB handles all appeals of these decisions within the USPTO. The pendency of these appeals typically hovers right around 15 months, so the process that began with reexamination could end up lasting over three years.

What is the timeline for inter partes review?

The proceeding for an IPR is analogous to a shortened litigation. There is limited discovery and motions, but the entire procedure must statutorily be completed by 12 months from the grant of the petition, with an optional six month extension for good cause.

What is the basis of ex parte reexamination?

The basic characteristics of ex parte reexamination are as follows: (A) Anyone can request reexamination at any time during the period of enforceability of the patent; (B) In ex parte reexaminations ordered under 35 U.S.C.

What is the timeframe for ex parte reexamination appeal?

The timeframe for filing a notice of appeal in ex parte reexamination is typically two months from the date of the last Office action.

What is the statute for ex parte reexamination?

The reexamination statute, 35 U.S.C. 302, and rules permit any person to file a request for an ex parte reexamination containing certain elements and the appropriate fee under 37 CFR 1.20(c)(1) or (c)(2). The Office initially determines if a substantial new question of patentability (35 U.S.C. 303(a)) is presented.

THIS CHECKLIST DOES NOT APPLY TO REEXAMINATION PROCEEDINGS - uspto 2025

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THIS CHECKLIST DOES NOT APPLY TO REEXAMINATION PROCEEDINGS - uspto 2025

Here's how it works

The easiest way to edit THIS CHECKLIST DOES NOT APPLY TO REEXAMINATION PROCEEDINGS - uspto in PDF format online

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Got questions?

How do you appeal an ex parte reexamination?

What is the time period for ex parte?

What is the timeline for ex parte reexamination?

What is the timeline for inter partes review?

What is the basis of ex parte reexamination?

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