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2232 Public Access [R-2] - 2200 Citation of Prior Art and Ex Parte Reexamination of Patents
2232 Public Access [R-2]
Reexamination files are normally NOT open to inspection by the general public until the file has been scanned into the reexamination database in the Central Reexamination Unit (CRU), at which point an electronic copy of the file is made available to the public. A Reexamination Processing System (REPS) terminal is available to the public in the Patent Search Room for accessing/copying reexamination files from the reexamination database. Access is free, and copies are 25 cents per page. * >Members of the public seeking access to a reexamination file should be referred to the Patent Search Room Online Desk.
In an emergency when the REPS terminal in the Patent Search Room is not operative, member of the public should be referred to the CRU as an alternative for viewing only. The CRU does not have the means nor the authority to sell copies of reexamination files to the public.<
The reexamination files that have been scanned into the reexamination database include an entry in the case contents in PALM of "SCNR" each time that incoming and/or outgoing paper is scanned into the database.
While copying of the * >actual paper< reexamination file is not permitted (since an electronic copy of the file is made available to the public), reexamination files will be made available only for inspection >(where the electronic copy is not available and access is needed before the electronic copy will be made available)<, and in the area of the Office in which they are located.
The reexamination files will be stored in a separate central location (or other designated storage area) in the Technology Center (TC) unless being acted upon by the examiner or a communication is being processed by the *>TC< technical support staff. In view of the statutory requirement to conduct the reexamination proceeding with special dispatch and because of other special circumstances, a reexamination file may >, even if not yet scanned,< NOT be available to the public for inspection, even if the file has been scanned at the following times:
(A) The reexamination file is not available to the public when it is in the reexamination preprocessing area of the CRU. This is because the request papers are being actively processed and compiled into the reexamination file wrapper. Further, the reexamination file has not yet been captured as a permanent record in the USPTO electronic scanning database;
(B) The reexamination file is not available to the public when it is actively being processed, e.g., when the examiner has started consideration of some matter but an action has not been mailed. However, all areas should be as reasonable as possible in allowing inspection (but not copying) of the file;
(C) The reexamination file is not available to the public once the reexamination file has been released and forwarded by the TC for publication of the reexamination certificate. This would include any reexamination files which **>are undergoing< post-issuance review * in the Office of Patent Legal Administration (see MPEP § 2289). Unless prosecution is reopened, the reexamination files are not available to the public until the reexamination certificate issues. This is because the reexamination file has been put into a special format for printing purposes, and it contains special checklists needed for printing purposes which are not part of the record.
At times other than those identified above, unscanned reexamination files will normally be made available to members of the public upon request. Inspection will be permitted in the TC. If a copy of the reexamination file is requested, it may be ordered from the Document Services Division of the Office of Public Records (OPR), or ordered via e-mail from: dsd@uspto.gov, and the cost of the copy may be charged to a credit card or deposit account. Alternatively, a copy may be *>obtained< from the scanned database in the Patent Search Room.
> I. <SALE OF COPIES OF REEXAMINATION REQUESTS
Copies of reexamination requests, all cited references, and the file wrapper and contents of the patent file for which reexamination is requested are available at the standard charge per page. >For IFW processing, see IFW manual.< Alternatively, a copy of a file wrapper may be put on a CD, for a standard fee >(37 CFR 1.19(b)(3)<. ** Orders for such copies must indicate the control number assigned the reexamination request. Orders should be addressed as follows: ** >Mail Stop Document Services, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450. Furthermore, requests for copies may be sent via e-mail to: dsd@uspto.gov, and the cost of the copy may be charged to a credit card or deposit account.<
A certified copy of a reexamination file >(in the form of a CD-ROM)< may be purchased from the Document Services Division of OPR.
> II. < TO DETERMINE >FROM PAIR OR< PALM IF A REEXAMINATION REQUEST HAS BEEN FILED FOR A GIVEN PATENT NUMBER
**>Both the Internet and the USPTO Intranet can be accessed to determine if a reexamination request has been filed for a particular patent.
A. Using the Internet
- Log on to the Internet.
- Go to USPTO Website located at http://www.uspto.gov.
- Click on "Patents" located on the left side of the screen.
- Under "Patenting" click "Status of Patent Application (PAIR)."
- On the next screen, click on "Patent Application Information Retrieval."
- Enter the patent number (e.g., 5806063 - no commas are to be inserted) in "Patent Number Search."
- Click on "Search."
- Under "Search Results for patent number: 5,806,063" click the "Continuity Data" bar (button).
- Scroll to "Child Continuity Data" where any related reexamination will be listed. Ex parte reexaminations are identified by the unique "90" series code, e.g., 90/005,727. Inter partes reexaminations are identified by the unique "95" series code, e.g., 95/000,001.
- Clicking on the underlined (hyperlinked) reexamination number will reveal the "Contents" for the reexamination file.
B. Using the USPTO Intranet
- From the USPTO Intranet site http://ptoweb/ptointranet/index.htm, Office personnel can click on "PALM" and then "General Information" which opens the PALM INTRANET General Information Display.
- From here, enter the patent number in the box labeled Patent #.
- Click on "Search" and when the "Patent Number Information" appears, click on "Continuity Data" to obtain the reexamination number.
Any reexamination for the patent number will be listed.
There will be about a ten (10) day lag between filing and data entry into the PALM database.<
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