MPEP Q&A 224: What are the“Appropriate circumstances”to vacate the order granting reexamination? - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006

from 2021-05-25T14:12:10

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Question: What are the “Appropriate circumstances” to vacate the order granting reexamination? Answer: “Appropriate circumstances” exist to vacate the order granting reexamination where, for example: (A) the reexamination order is facially not based on prior art patents or printed publications; (B) reexamination is prohibited under 37 CFR 1.907; (C) all claims of the patent were held to be invalid by a final decision of a federal court after all appeals; (D) reexamination was ordered for the wrong patent; or (E) reexamination was ordered based on a duplicate copy of the request. Chapter Details: The answer to this question can be…


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