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This document is a request for the ex parte reexamination of United States Patent No. 5,925,803, filed by third party requestor Philip Leder et al., due to substantial new questions of patentability
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How to fill out request for ex parte
How to fill out Request for Ex Parte Reexamination
01
Obtain the form for Request for Ex Parte Reexamination from the USPTO website.
02
Fill in the title of the patent as well as the patent number.
03
Provide a detailed statement explaining the relevance of prior art.
04
Include a list of the patents or printed publications that explain the prior art.
05
Attach any necessary supporting documents or evidence to substantiate the request.
06
Ensure that all required fees are paid as per the USPTO guidelines.
07
Review the request for completeness and accuracy before submission.
08
Submit the request through the USPTO online filing system or by mail.
Who needs Request for Ex Parte Reexamination?
01
Patent owners seeking to challenge the validity of a patent based on new prior art.
02
Third parties (such as competitors) who believe a patent is invalid due to overlooked prior art.
03
Individuals or organizations wishing to clarify patentability issues before litigation.
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People Also Ask about
What is the difference between IPR and PGR?
inter partes adv or adj [Latin] : between the parties [a consent decree is not simply a contract inter partes, unlike a settlement]
What is the meaning of inter partes?
The standard response time for an Office action in ex parte reexamination is typically two months. This is specified in MPEP 2263, which states: “A shortened statutory period of two months will generally be set for filing a response to an Office action in an ex parte reexamination.”
What is an ex parte reexam?
Ex parte reexamination is an interdisciplinary practice, requiring attorneys with skill in patent prosecution at the United States Patent and Trademark Office, post-grant proceedings at the Patent Trial and Appeal Board, and patent litigation in district courts and the Federal Circuit.
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 an ex parte appeal?
303(a), requires a substantial new question of patentability. The substantial new question of patentability may be based on art previously considered by the Office if the reference is presented in a new light or a different way that escaped review during earlier examination.
What is the difference between inter partes and ex parte reexamination?
The key difference is that ex parte reexamination involves only the patent owner and the USPTO, while inter partes reexamination (which is no longer available but may still be relevant for some patents) allowed third-party participation throughout the process.
What is the difference between inter parte and ex parte?
In law, inter partes (Law Latin for 'between the parties') is a legal term that can be distinguished from in rem, which refers to a legal action whose jurisdiction is based on the control of property, or ex parte, which refers to a legal action that is by a single party.
What is the difference between ex parte reexamination and inter partes reexamination?
The key difference is that ex parte reexamination involves only the patent owner and the USPTO, while inter partes reexamination (which is no longer available but may still be relevant for some patents) allowed third-party participation throughout the process.
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What is Request for Ex Parte Reexamination?
A Request for Ex Parte Reexamination is a procedure allowing any person to request the United States Patent and Trademark Office (USPTO) to reconsider the validity of a patent based on prior art references.
Who is required to file Request for Ex Parte Reexamination?
Any person, including the patent owner, can file a Request for Ex Parte Reexamination. There is no requirement that the requester be a party involved in litigation or hold any interest in the patent.
How to fill out Request for Ex Parte Reexamination?
To fill out a Request for Ex Parte Reexamination, one must complete the appropriate forms provided by the USPTO, including a written request that identifies the patent to be reexamined and should include a detailed explanation of the reasons for the request along with supporting prior art references.
What is the purpose of Request for Ex Parte Reexamination?
The purpose of a Request for Ex Parte Reexamination is to provide a mechanism for re-evaluating the validity of a patent based on newly discovered prior art, without the participation of the original patent owner in the process.
What information must be reported on Request for Ex Parte Reexamination?
The request must include the patent number, a listing of all relevant prior art relied upon, a clear and concise identification of the substantial new questions of patentability raised, and an explanation of why the reexamination is warranted.
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