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USPTO Improves Process For Reviewing Patents



The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) has implemented new processes for handling reexamination proceedings to improve timeliness and quality. Patent reexamination is a valuable, low-cost alternative to litigation for determining the patentability of the claims in an issued patent. Requests for the USPTO to reexamine a patent can be made as long as written evidence is presented that raises a substantial new question of patentability.

“Timeliness and correctness of decisions in reexamination proceedings are important to providing certainty for all users of the patent system,” noted Under Secretary of Commerce for Intellectual Property and Director of the USPTO Jon Dudas. “We have a duty to the American public to get reexaminations right and to conduct them with dispatch so they remain an effective tool.”

The USPTO’s goal is that reexaminations that have been pending with an examiner more than two years now will be resolved by Octob

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 Helpful Patent Terms

Abandonment

Definition:
A patent application becomes abandoned for failure to file a complete and proper reply as the condition of the application may require within the time period.

Substantive Reasons For Refusal

Definition:
There are several substantive reasons for refusing registration of a mark. These include: likelihood of confusion; primarily merely descriptive or deceptively misdescriptive of the goods/services.

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