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Inter Partes Reexamination Option- Rules to Implement AIPA PROCEDURE BEFORE APPEAL Right of Appeal Notice- 1.953 (Final Office action) Examiner reopens.

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Presentation on theme: "Inter Partes Reexamination Option- Rules to Implement AIPA PROCEDURE BEFORE APPEAL Right of Appeal Notice- 1.953 (Final Office action) Examiner reopens."— Presentation transcript:

1 Inter Partes Reexamination Option- Rules to Implement AIPA PROCEDURE BEFORE APPEAL Right of Appeal Notice (Final Office action) Examiner reopens prosecution Request for Reexamination filed Substantial N ew Q uestion ? PR may petition Commissioner to review whether substantial new question rd Party comments (30 days) Pat. owner may respond to Office action (2 months) ResponseNo Response Reexamination ordered and Initial office action issued Examiner issues action. Is it an action closing prosecution ? Yes No ; reexam is denied Action does not close prosecution Pat. Owner comments/amendment (a) 3rd Party Responding comments (b) (30 days) Action closes prosecution; sets time for response Y Petition Granted Petition Denied Reexam. Terminated Ken Schor 1/18/01 Slide 1a Examiner considers comments N No Response

2 Inter Partes Reexamination Option- Rules to Implement AIPA APPEAL PROCEDURE Single Third Party Requester Right of Appeal Notice [sets time for response 30 days/one month] Either or both parties may file a Notice of Appeal (a) If a party does not file a notice of appeal and his/her opponent does, the party may file a Notice of Cross Appeal (14 days after service of opponent’s Notice of Appeal) (b) Examiner’s Answer 1.963(c) & If examiner changes position on any rejection or finding of patentability, prosecution must be reopened No change in examiner’s position If 3PR files a notice of appeal or cross appeal, 3PR brief is due 2 months from last-filed notice of appeal or cross appeal (a) & PR appellant may file rebuttal brief within 1 month of Examiners Answer If patent owner files notice of appeal or cross appeal, patent owner brief is due 2 months from last-filed notice of appeal or cross appeal (a) & PR respondent brief is due 1 month from service of patent owner brief (b) & Patent owner respondent brief is due 1 month from service of 3PR brief (b) & Patent Owner appellant may file rebuttal brief within 1 month of Examiner’s Answer Ken Schor 8/7/00 Slide 2 hocha10.ppt

3 Inter Partes Reexamination Option- Rules to Implement AIPA Post-Decision Flow Chart Patent Owner amendment and/or showing (b)(1) Opposing Comments (b) Patent Owner Appeal to Federal Circuit (a) 3rd Party comments (c) Pat. Owner comments Patent Owner Reply 3rd Party comments Examiner’s Determination 1.977(d) 3rd Party Reply (e) Options Pat. Owner Appeal Patent Owner Appeal to Federal Circuit 1.983(a) Y Board Decision 1.977(f) Patent Owner or 3rd Party Request for Rehearing (a) or (c) Board Decision-1.979(c) Is the 1.979(c) Bd. Decision, in effect, a new Bd decision? N Board Decision (a) -affirm and/or reverse (b) -new ground of rejection Ken Schor 8/1/00 Slide 3 hocha10.ppt


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