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2207 Entry of Court Decision in Patent File [R-2] - 2200 Citation of Prior Art and Ex Parte Reexamination of Patents
2207 Entry of Court Decision in Patent File [R-2]
The Solicitor's Office processes notices required by 35 U.S.C. 290, received from the clerks of the various courts, and has them entered in the patent file. However, it is considered desirable that the entire court decision be supplied to the Office for entry into the patent file. Accordingly, the Office will accept at any time from any party for placement in the patent file, submissions of the following: copies of notices of suits and other proceedings involving the patent and copies of decisions or other court papers, or papers filed in the court, from litigations or other proceedings involving the patent. Such submissions must be provided without additional comment. Persons making such submissions must limit the submission to the notification and not include further arguments or information. Any proper submission will be promptly placed on record (entered) in the patent file. Entry of these submissions is performed by the Files Repository personnel, unless a reexamination proceeding is pending, in which case, the Technology Center (or other area of the Office) having responsibility for the reexamination enters the submission.
WHERE A REQUEST FOR REEXAMINATION OF THE PATENT HAS BEEN FILED
It is important for the Office to be aware of any prior court or other proceedings in which a patent undergoing reexamination is or was involved, and any results of such proceedings. In accordance with 37 CFR 1.565(a) >and 37 CFR 1.985<, the patent owner is required to provide the Office with information regarding the existence of any such proceedings and the results thereof, if known. As to third parties, note as follows. Ordinarily, while a reexamination proceeding is pending, third party submissions filed after the date of the order are not placed in the reexamination or the patent file. However, in order to ensure a complete file, with updated status information as to prior >and concurrent< proceedings regarding a patent undergoing reexamination, submissions (as above-described) limited to bare notice of the proceedings, with copies of the papers of the proceedings, will be accepted and placed in the file at any time during the reexamination from any party. See MPEP § 2240 and § 2242 for handling of requests for >ex parte< reexamination of patents involved in litigation. >See MPEP § 2640 and § 2642 for handling of requests for inter partes reexamination of patents involved in litigation.<
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