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2632 Public Access [Added R-2] - 2600 Optional Inter Partes Reexamination
2632 Public Access [Added R-2]
Inter partes reexamination folders, i.e., paper files, will be stored in the Central Reexamination Unit (CRU), when the reexamination is not being processed or examined elsewhere.
I. SCANNING OF INTER PARTES REEXAMINATIONS
An electronic image of the file contents of each inter partes reexamination is generated and retained by the CRU.
When the initial request for inter partes reexamination is filed, the request is scanned. When the file containing the request has been compiled and processed in the CRU preprocessing area, the file jacket and its contents will be scanned. All correspondence mailed by the Office and all papers filed in the reexamination proceeding will also be scanned. 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 papers are scanned into the database. The scanning will store the file and its contents as electronic image format. The electronic image format can be retrieved and printed at Reexamination Processing System (REPS) terminals in the Patent Search Room.
II. ACCESS TO ELECTRONIC FILE AND COPYING
When a request for copying a reexamination case file is received in a Technology Center (TC) or elsewhere in the Office, the party requesting the copies should be (A) notified of the Office' s policy of supplying copies from the scanned file, and (B) informed that a REPS terminal is available to the public in the Patent Search Room for accessing/copying reexamination files from the reexamination database. Access is free. Copies are 25 cents per page.
In an emergency where the terminals in the Patent Search Room are not operative, the party should be referred to the CRU to inquire as to whether the CRU can provide an alternative terminal for viewing only. The CRU does not have the means, or the authority, to sell copies to the public.
III. ACCESS TO ACTUAL PAPER FILE
In view of the need to conduct the reexamination proceeding with special dispatch, the reexamination paper file is generally NOT available to the public. A request for actual access to the reexamination paper file should be rare, since copies of the file can be obtained electronically. In the rare instance where access is necessary, a request for actual access of the reexamination file must be in writing and directed to the CRU. The request must specifically point out the reason why access is needed, and why an electronically generated copy of file records would not be sufficient for the requesting party's needs. A decision on the request will be made by the CRU. Where access to the actual paper file is granted, the decision granting access will point out the guidelines for access and the extent of access. The CRU will oversee the access under the guidance of a Reexamination Legal Advisor (RLA). If the reexamination file is in a TC, the CRU will notify the TC that it is needed. The requested reexamination file should then be retrieved by TC support staff and forwarded to the CRU as soon as possible. Where the case is being acted on by the examiner or is being processed by TC clerical personnel, this may result in a delay in the retrieval of the case, and the CRU should be notified accordingly.
IV. 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. 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 U.S. Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450
Alternatively, requests for a copy of a request 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.
To obtain a "certified copy" of a reexamination file, a CD-ROM may be purchased from Document Services Division.
V. DETERMINING ON 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 "Patent Application Status (PAIR)."
- On the next screen, click on "Patent Application Information Retrieval."
- Enter the patent number (e.g., 5,806,063) 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 (hyper linked) 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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