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Request For Inter Parties Reexamination Transmittal Form PTO-SB-58 - Official Federal Forms

Request For Inter Parties Reexamination Transmittal Form Form. This is a national form and can be used in Patent US Patent Office .
 Fillable pdf Last Modified 4/30/2012
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PTO/SB/58 (02-12) Approved for use through 02/28/2013. OMB 0651-0064 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. (Also referred to as FORM PTO-1465) REQUEST FOR INTER PARTES REEXAMINATION TRANSMITTAL FORM Address to: Mail Stop Inter Partes Reexam Commissioner for Patents P.O. Box 1450 Alexandria, VA 22313-1450 1. Attorney Docket No.: ____________________________ Date: __________________________________________ This is a request for inter partes reexamination pursuant to 37 CFR 1.913 of patent number ___________________ issued __________________________. The request is made by a third party requester, identified herein below. a. The name and address of the person requesting reexamination is: _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ b. The real party in interest (37 CFR 1.915(b)(8)) is: __________________________________________________ 2. 3. a. A check in the amount of $ _____________ is enclosed to cover the reexamination fee, 37 CFR 1.20(c)(2); b. The Director is hereby authorized to charge the fee as set forth in 37 CFR 1.20(c)(2) to Deposit Account No. ______________________; or c. Payment by credit card. Form PTO-2038 is attached. 4. Any refund should be made by check or credit to Deposit Account No. ____________________. 37 CFR 1.26(c). If payment is made by credit card, refund must be made to credit card account. A copy of the patent to be reexamined having a double column format on one side of a separate paper is enclosed. 37 CFR 1.915(b)(5) CD-ROM or CD-R in duplicate, Computer Program (Appendix) or large table Landscape Table on CD 5. 6. 7. Nucleotide and/or Amino Acid Sequence Submission If applicable, items a. ­ c. are required. a. Computer Readable Form (CRF) b. Specification Sequence Listing on: i. CD-ROM (2 copies) or CD-R (2 copies); or ii. paper c. Statements verifying identity of above copies A copy of any disclaimer, certificate of correction or reexamination certificate issued in the patent is included. Reexamination of claim(s) _________________________________________________________ is requested. A copy of every patent or printed publication relied upon is submitted herewith including a listing thereof on Form PTO/SB/08, PTO-1449, or an equivalent. An English language translation of all necessary and pertinent non-English language patents and/or printed publications is included. [Page 1 of 2] 8. 9. 10. 11. This collection of information is required by 37 CFR 1.915. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 2 hours to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Mail Stop Inter Partes Reexam, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2. American LegalNet, Inc. www.FormsWorkFlow.com PTO/SB/58 (02-12) Approved for use through 02/28/2013. OMB 0651-0064 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. 12. 13. 14. The attached detailed request includes at least the following items: a. A listing of the grounds that the requester asserts to raise a showing of a reasonable likelihood that the requester will prevail with respect to at least one of the claims challenged in the request. 37 CFR 1.915(b)(3). b. For each ground listed, an identification of every claim to which the showing applies, and a detailed explanation of the pertinency and manner of applying the patents and printed publications to every claim which is identified for that ground. 37 CFR 1.915(b)(3). It is certified that the estoppel provisions of 37 CFR 1.907 do not prohibit this reexamination. 37 CFR 1.915(b)(7). a. It is certified that a copy of this request has been served in its entirety on the patent owner as provided in 37 CFR 1.33(c). The name and address of the party served and the date of service are: _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Date of Service: ______________________________________________; or b. A duplicate copy is enclosed because service on patent owner was not possible. An explanation of the efforts made to serve patent owner is attached. See MPEP 2620. 15. Third Party Requester Correspondence Address: Direct all communications about the reexamination to: The address associated with Customer Number: OR Firm or Individual Name Address City Country Telephone 16. Email State Zip ____________________________________________________________________________ The patent is currently the subject of the following concurrent proceeding(s): a. Copending reissue Application No. __________________________________________ b. Copending reexamination Control No. _______________________________________ c. Copending Interference No. _______________________________________________ d. Copending litigation styled: _____________________________________________________________________ _____________________________________________________________________ WARNING: Information on this form may become public. Credit card information should not be included on this form. Provide credit card information and authorization on PTO-2038. Authorized Signature Date Typed/Pri
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