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5 Written questions

5 Matching questions

  1. May a party submit supplemental information after one month from institution?
  2. During an inter partes review, how can a party seek relief?
  3. My application has been granted special status under the prioritized examination program. When can I expect the final disposition of the application?
  4. Can a party appeal the Board's decision whether to institute an inter partes review?
  5. What is the effective date for the derivation provision in the AIA?
  1. a The AIA provides that a party may request relief during an inter partes review by filing a motion. In addition, the use of conference calls to raise and resolve issues in a expedited manner is encouraged. A party seeking relief may contact the Board and request a conference call, explaining why the call is needed. The Office envisions that most of the procedural issues arising during a proceeding will be handled during a conference call or shortly thereafter, i.e., in a matter of days
  2. b 12 mos., on average, of the date that prioritized status was granted
  3. c No, a party is statutorily precluded from appealing the Board's decision whether to institute an inter partes review.
  4. d A party may be authorized to file a motion to submit supplemental information belatedly. A party will not be permitted to submit supplemental information belatedly except upon a showing that the information could not have been earlier presented
    and that it is in the interests of justice for the Board to consider the information.
  5. e The effective date for the derivation provision in the AIA is March 16, 2013

5 Multiple choice questions

  1. The AIA provides that a party may request relief during a post grant review by filing a motion. In addition, the use of conference calls to raise and resolve issues in an expedited manner is encouraged. A party seeking relief may contact the Board
    and request a conference call, explaining why the call is needed. The Office envisions that most of the procedural issues arising during a proceeding will be handled during a conference call or shortly thereafter, i.e., in a matter of days.
  2. 1 year but may be extended up to 6 month with good cause
  3. The prioritized examination program grants special status until 1 of the following occurs:
    1. Applicant files a petition for extension of time to extend the time period for filing a reply
    2. Applicant files an amendment to amend the application to contain more than four independent claims, more than thirty total claims, or a multiple dependent claim
    3.Applicant subsequently files a RCE
    4Applicant files a notice of appeal
    5. Applicant files a request for suspension of action
    6. A notice of allowance is mailed
    7. A final Office action is mailed
    8. The application is abandoned
    9. Examination is completed as defined in 37 CFR 41.102
  4. The Petitioner must statue
    1.identify all real parties in interest
    2.identify all claims challenged and all grounds on which the challenge to each claim is based; and
    3.provide copies of evidence relied upon. The petition must be accompanied by a fee.
    In addition the petioner must by rule
    1, identify the grounds of standing
    2. provide a claim construction for each challenged claim
    3 specifically explain the grounds for unpatentability; and
    4.specifically explain the relevance of evidence relied upon
  5. To intiate a post grant review, a party must file a petion establishing certain statutory requirements

5 True/False questions

  1. Does a patent owner have to file a preliminary response to avoid having a proceeding instituted?No.
    If the petition does not meet the standard set for instituting the proceeding, then the petition will be denied even if there is no preliminary response from the patent owner. The patent owner, may, but is not required to , inform the Board if it does not intend to file a preliminary response.

          

  2. How will the Board conclude an inter partes review?The AIA provides that where a post grant review is instituted and not dismissed, the Board shall issue a final written decision. The decision shall address the patentability of any challenged patent claim and any new claim added via amendment
    during the post grant review.

          

  3. If a request for inter partes reexamination is filed on September 16, 2012, how will it be treated?Any request for inter partes reexamination filed on or after September 16, 2012, will not be granted

          

  4. Is discovery permitted during a post grant review?The AIA authorizes the Office to set standards and procedures for the taking of discovery during a post grant review, including that discovery be limited to evidence directly related to factual assertions advanced by either party in the proceeding.

          

  5. How will the Board conclude a post grant review?Where IPR is instituted and not dismissed, the Board shall issue a final written decision. The decision shall address the patentablilty of any challenged patent claim and any new claim added via amendment during the inter partes review.