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2638 Time Reporting [Added R-2] - 2600 Optional Inter Partes Reexamination

2638 Time Reporting [Added R-2]

I.    CLERICAL TIME REPORTING

Both the Program Management System (PMS) and Payroll systems now used to monitor clerical time have been modified to report reexamination activities. Time devoted to processing actual reexamination files in the Technology Centers (TCs) should be reported using the appropriate PMS Code and Project Code. It should be noted that all clerical time consumed by reexamination activities must be reported in the above manner. Activities such as supervision, copying, typing, and docketing should be included.

II.    CENTRAL REEXAMINATION UNIT (CRU) TIME REPORTING

CRU personnel will use 1190-55 as the code to report their time for reexamination activities on the Biweekly Time Worksheet.

III.    PROFESSIONAL TIME REPORTING

Reexamination fees are based on full cost recovery, and it is essential that all time expended on reexamination activities be reported accurately. Thus, examiners, supervisory patent examiners (SPEs), special program examiners (SPREs), and paralegals should report all time spent on reexamination on their individual Time and Attendance Report.

Examiners, SPEs, SPREs and paralegals will use the following Project Codes to report their time for reexamination activities on their Biweekly Time Worksheets (PTO-690 forms) by making appropriate entries in the space for reexamination:

Person Activity Charge Code
Examiner (prior to order denial) Examination activity prior to the inter partes reexamination order or denial. 1121-01
Examiner (after reexam order) All examination activity after the inter partes reexamination order(including all conference times). 1121-02
Examiner Conferee in
Patentability Review Conference
Conferee examiner's patentability review conference time in the inter partes reexamination. 1121-08
Examiner Conferee in
Appeal Conference
Conferee-examiner's appealconference time in the inter partes reexamination. 1121-06
Supervisory Patent Examiner (SPE) All time applied to the inter partes reexamination, including training and review of examiner activity,and participation in any conferences. 1121-03
Special Program Examiner (SPRE) and Paralegal Specialist All time applied to the inter partes reexamination, including participation in any conferences. 1121-04

Where the first Office action accompanies the decision on the request granting reexamination, the examiner will estimate how much time was devoted to the preparation of each of the Office action and the decision on the request, and thereby allocate the time entered for codes 1121-01 and 1121-02 accordingly.

Note that TC SPREs and paralegals will use 1121-04 as the code to report all their time (including participation in appeal and patentability review conferences) for inter partes reexamination activities on the Biweekly Time Worksheet Paralegal/Special Program Examiner, PTO-690 P/S.

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