Patent Law Practice Center

Reissue & Reexam Live Blog: Petition Practice in Patent Reexam From USPTO Perspective

Next speaker is Mr. Kenneth Schor of the USPTO’s Office of Patent Legal Administration (OPLA).  He is discussing petition practice in patent reexamination from a USPTO perspective. He says that a petition should include:a statement of the type of relief requested and the authorizing provision of the rules, statute, etc.; a statement of the facts; an identification of the points that are to be reviewed; and the fee, where required, to avoid summary dismissal (it’s recommended that a petition include a general authorization to charge deposit account, in case relief can be granted only based on a regulation requiring a higher fee than submitted). (more…)