MPEP Section 2237, Transfer Procedure

Executive summary:

This document contains Section 2237 ("Transfer Procedure ") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

For more information on patent law, please see the Patent Section of BitLaw. For patent services, see the Beck & Tysver pages.

Previous Section (§2236) | Next Section (§2238)

2237 Transfer Procedure [R-7]

Although the number of reexamination requests which must be transferred should be very small, the following procedures have been established for an expeditious resolution of any such problems.

A reexamination request is normally assigned >to< a Central Reexamination Unit (CRU) art unit which examines the technology (Chemical, Electrical, Mechanical, etc.) in which the patent to be reexamined is currently classified as an original. If the CRU **>Supervisory Patent Examiner (SPE)< (to whose art unit the reexamination has been assigned) believes that the reexamination should be assigned to another art unit, he or she must obtain the consent of the CRU *>SPE< of the art unit to which a transfer is desired. Pursuant to 35 U.S.C. 305, all ex parte reexamination proceedings must be conducted with special dispatch within the Office. This applies to the transfer of reexamination proceedings. Accordingly, the CRU *>SPE< to whose art unit the reexamination has been assigned should expeditiously make any request for transfer of a reexamination proceeding ** to the CRU *>SPE< of the art unit to which a transfer is desired (the "new" art unit). Further, the *>SPE< to whose art unit the reexamination has been assigned should hand-carry any paper patent file for the reexamination proceeding to the CRU *>SPE< of the art unit to which a transfer is desired. Any conflict which cannot be resolved by the *>SPEs< will be resolved by the CRU Director.

If the "new" art unit accepts assignment of the reexamination request, the "new" CRU *>SPE< assigns the request to an examiner in that unit.