Week of June 26, 2017

Which of the following is/are true?

(A) The Office may not consider a patent owner claim scope statement when deciding whether to order or institute an administrative trial proceeding such as an IPR.
(B) A third party filing a statement can request in writing to maintain his/her identity in confidence, and it will be excluded from the patent file.
(C) Any person may file a statement of the patent owner in a proceeding before a Federal court or the USPTO in which the patent owner took a position on the scope of any claim of the patent.
(D) A patent owner statement submitter may state in the filing how any claim is patentable over any submitted patent owner claim scope statement.
(E) All of the above are true.

 

 

ANSWER: (D). See MPEP 2202 and 37 CFR 1.501

 

Questions prepared by David E. Meeks, Esq. © 2017 Institute for Patent Studies, Inc. All rights reserved.