Manual of Patent Examining Procedure - MPEP
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2600 Optional Inter Partes Reexamination
2638 Time Reporting
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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