2233 Processing in Central Reexamination Unit and Technology Center [R-10.2019]

The working groups in the Central Reexamination Unit (CRU) or Technology Centers (TCs) have designated the legal instrument examiners and paralegals to act as reexamination clerks, as part of their assigned duties, and thus to perform those clerical duties and responsibilities in the groups which are unique to reexamination. The TC Quality Assurance Specialists (QASs) or CRU Supervisory Patent Reexamination Specialists (SPRSs) and CRU Paralegal Specialists have the responsibility to oversee clerical processing and serve as a resource for questions.

I. FEES

Under reexamination pursuant to 35 U.S.C. 302, there are fees for the request (37 CFR 1.20(c)(1) or (c)(2)), for addition of claims (excess claims fees under 37 CFR 1.20(c)(3) and (c)(4)), for an extension of time, and for any appeal, appeal forwarding fee, and oral hearing fees under 37 CFR 41.20(b). No fee is required for issue of the reexamination certificate.

Any petitions relating to a reexamination proceeding require fees (37 CFR 1.17(m) and 1.20(c)(6)).

Micro entity reductions are available to patent owners only. Small entity and micro entity reductions are available to the patent owner for excess claim fees, appeal, appeal forwarding, and oral hearing fees. For the request and petition fees, small entity reductions are available to both third party requesters and patent owners; however, micro entity reductions are available only to patent owners.

When a fee is required in a merged proceeding (see MPEP § 2283 and § 2285), only a single fee is needed even though multiple copies of the submissions (one for each file) are required.

II. MAILING

A transmittal form with the requester’s address will be used to forward copies of Office actions (and any references cited in the Office actions) to the requester. Whenever an Office action is issued, a copy of this form will be made and attached to a copy of the Office action. The use of this form removes the need to retype the requester’s address each time a mailing is required. When the patent owner is the requester, no such form is needed.

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