ReexamLink By Tim Bianchi

Patent Prosecution | Litigation | Post-Grant Proceedings

Tag: BPAI

Ex parte Yasukochi BPAI Decision on Appeal 2/22/2011

Feb 24, 2011

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by

Tim Bianchi

in Appealable, ex parte reexamination, petitions practice, Procedural – Petitionable, reexamination generally, Substantial New Question (SNQ)

On June 25, 2010, the Patent Office clarified its procedure for seeking review of a finding of a substantial new question of patentability in ex parte reexamination proceedings. See Federal Register Notice v75 pp. 36357-8 (6-25-10) at this link: (Fed Reg v 75 pp36357-8 (6-25-10) – re Ex Parte Reexam Proc). In short the Notice provides that: 1) …
In re Tanaka

Feb 23, 2011

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by

Tim Bianchi

in Damages, Ex Parte Prosecution, Litigation, reexamination generally, Reissue

Suppose you issued a patent with several claims, including dependent claims. Now, suppose you wished you had claimed and issued a certain dependent claim, but did not have it in the originally issued patent. That new dependent claim is narrower than your independent claim that issued, so this is not a case of a broadening reissue. Now…