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Ex parte reexaminations are initiated by members of the public, but once said members submit their request, they no longer actively participate in the proceedings. The correspondence is strictly between the examiner and the patent owner. The fee for filing a request for an ex parte reexamination is $6,000 as of January 16, 2018. [7]
The current version of the MPEP is the 9th Edition, which was released in March 2014. The MPEP has traditionally been available in paper form, but electronic versions are now used more often, particularly because an applicant only may consult the electronic versions while taking the USPTO registration examination, or the patent bar examination ...
US Congress established an inter partes reexamination to allow the USPTO to review validity of issued patents with participation of third party challengers. However, just like the ex parte reexamination introduced earlier, this process failed to gain popularity, in part due to being slow and to barring subsequent civil litigation. 2006. In eBay v.
Opponents noted that the AIA contained a provision that would deny the right of patent owners to obtain judicial review of adverse USPTO decisions in ex parte patent reexaminations by civil action in district court – a right that has existed under 35 U.S.C. § 306/ § 145 since the inception of reexamination in 1980.
It replaced a previous review procedure called inter partes reexamination, which in turn stemmed from ex parte reexamination proceedings. Under the ex parte system, any person at any time could challenge the validity of a patent on the basis that its claims were obvious or not new based on prior art. [2]
The original patent term under the 1790 Patent Act was decided individually for each patent, but "not exceeding fourteen years". The 1836 Patent Act (5 Stat. 117, 119, 5) provided (in addition to the fourteen-year term) an extension "for the term of seven years from and after the expiration of the first term" in certain circumstances, when the inventor hasn't got "a reasonable remuneration for ...
The appeal procedure is described in section 1200 of the U.S. Manual of Patent Examining Procedure (MPEP). [4] Typically, appeals to the PTAB are conducted ex parte. Decisions of the PTAB are typically rendered as an opinion.
Details on patentability in the U.S. can be found in the Manual of Patent Examining Procedure or MPEP. This is published by the USPTO and is the reference manual used by both patent examiners and patent agents/attorneys.