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15 Nov 2010, 2:10 am by Scott A. McKeown
Rules for Ex Parte Appeals to be Simplified In recent years, the USPTO has advanced significant changes to the rules of practice for ex parte appeals to the Board of Patent Appeals & Interferences (BPAI). [read post]
4 Nov 2010, 3:10 am by Scott A. McKeown
The program entitled “Pilot Program for Waiver of Patent Owner’s Statement in Ex Parte reexamination Proceedings” is triggered once a new ex parte reexamination request is accorded an initial filing date. [read post]
10 Jan 2011, 3:15 am by Scott A. McKeown
The program entitled “Pilot Program for Waiver of Patent Owner’s Statement in Ex Parte Reexamination Proceedings” is triggered once a new ex parte reexamination request is accorded an initial filing date. [read post]
6 Dec 2011, 1:17 pm by Scott A. McKeown
Interestingly, while ex parte filings receded slightly, inter partes filings surged by 33% relative to 2010. [read post]
5 May 2011, 12:20 pm by Scott A. McKeown
SNQ Review Options Vary Significantly Between Ex Parte & Inter Partes Patent Reexamination As discussed back in March relative to inter partes reexamination, the proper mechanism for seeking review of a denied Substantial New Question Of Patentability (SNQ) may depend on the status of the claims of the proceeding. [read post]
26 Oct 2011, 3:11 am by Scott A. McKeown
For example, the USPTO will allow a second ex parte patent reexamination request by an earlier IPX Requester even though such appears to violate the spirit of the estoppel concept. [read post]
20 Jun 2011, 3:10 am by Scott A. McKeown
The petition is necessary as, even though the reexamination is now ex parte to all intents and purposes, the Office maintains the proceeding as if the requester were still participating. [read post]
17 Jun 2010, 3:15 am by Robert C. Mattson
” Defendant Littlefuse had filed its request for ex parte reexamination prior to the commencement of the district court action. [read post]
17 Dec 2010, 2:10 am by Scott A. McKeown
 Ex parte and inter partes appeal brief processing has been streamlined, new user friendly BPAI appeal rules are proposed, new pilot programs are being introduced, and the pendency of reexamination proceedings is slowly improving. [read post]
15 Sep 2011, 3:10 am by Scott A. McKeown
(emphasis added) While, ex parte patent reexamination has always been available for any enforceable patent these proceedings are typically disfavored over inter partes proceedings as being too one-sided, and historically biased in favor of patent holders. [read post]
13 Jun 2011, 3:15 am by Scott A. McKeown
For example, request can be filed anonymously in ex parte patent reexamination. [read post]
22 Sep 2010, 3:10 am by Scott A. McKeown
The PTO proposes a similar system in which the ex parte reexamination of such patents would be completed (excluding periods spent by the Patent Owner to respond) within 6 months. [read post]
19 Jul 2010, 3:15 am by Scott A. McKeown
Last Friday, the BPAI issued a decision reversing all rejections in the ex parte reexamination appeal of U.S. [read post]
17 Aug 2010, 11:17 am by Scott A. McKeown
Back on May 26, 2010, the same mechanism was noticed in the Federal Register for ex parte patent reexamination appeals. [read post]
24 Jan 2011, 3:10 am by Scott A. McKeown
For example, ex parte patent reexamination may be requested by a patent owner. [read post]
7 Jun 2011, 3:10 am by Scott A. McKeown
(assuming the examiners would even remember anything from 50 or so  interviews ago) MPEP 1701.01 is instructive in this regard: A request by a third party to take deposition testimony of a patent examiner in a pending ex parte reexamination proceeding will generally be denied in view of the ex parte nature of the reexamination proceeding. . . [read post]
30 Mar 2011, 6:15 pm by Scott A. McKeown
Of course, a patent owner’s seeking to reverse an accepted SNQ in ex parte patent reexamination may pursue the matter to the BPAI. [read post]
3 Apr 2024, 5:00 am by Matthieu Dhenne (Dhenne Avocats)
Thirdly, the Court examines whether the conditions for obtaining an ex parte order have been met. [read post]