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Request For Ex Parte Reexamination Transmittal Form. This is a Official Federal Forms form and can be use in Patent US Patent Office.
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Tags: Request For Ex Parte Reexamination Transmittal Form, PTO-SB-57, Official Federal Forms US Patent Office, Patent
PTO/SB/57 (01-18) Approved for use through /30/201. 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 EX PARTE REEXAMINATION TRANSMITTAL FORM Address to: Mail Stop Ex Parte Reexam Commissioner for Patents Attorney Docket No.: P.O. Box 1450 Alexandria, VA 22313-1450 Date: 1. This is a request for ex parte reexamination pursuant to 37 CFR 1.510 of patent number issued . The request is made by: patent owner. third party requester. 2.The name and address of the person requesting reexamination is:3.Requester asserts small entity status (37 CFR 1.27) or certifies micro entity status (37 CFR 1.29). Only a patent owner requester can certify micro entity status. Form PTO/SB/15A or B must be attached to certify micro entity status. 4.This request is accompanied by payment of the reexamination fee as set forth in:37 CFR 1.20(c)(2); or37 CFR 1.20(c)(1). In checking this box for payment of the fee set forth in 37 CFR 1.20(c)(1), requesterasserts that this request has forty (40) or fewer pages and complies with all other requirements of37 CFR 1.20(c)(1).Payment of the reexamination fee is made by the method set forth below.a. A check in the amount of $ is enclosed to cover the reexamination fee; b. The Director is hereby authorized to charge the reexamination fee to Deposit Account No. ; c. Payment by credit card. Form PTO-2038 is attached; or d. Payment made via EFS-Web. In addition, the Director is hereby authorized to charge any fee deficiencies to Deposit Account No. . 5.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 to credit card account. 6. A copy of the patent to be reexamined having a double column format on one side of a separate paper is enclosed. 37 CFR 1.510(b)(4). 7.CD-ROM or CD-R in duplicate, Computer Program (Appendix) or large tableLandscape Table on CD[Page 1 of 3] This collection of information is required by 37 CFR 1.510. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) a request for reexamination. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 18 minutes 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 Ex Parte 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 14. A proposed amendment is included (only where the patent owner is the requester). 37 CFR 1.510(e). 15. It is certified that the statutory estoppel provisions of 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1) do not prohibit requester from filing this ex parte reexamination request. 37 CFR 1.510(b)(6). 16. Service a.It is certified that a copy of this request (if filed by other than the patent owner) 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 are: Date of Service: OR b.A duplicate copy is enclosed since service on patent owner was not possible. An explanation of theefforts made to serve patent owner is attached. See MPEP 2220.[Page 2 of 3] 003003003003003003 003003 8. Nucleotide and/or Amino Acid Sequence Submission If applicable, items a. 226 c. are required. a. Computer Readable Form (CRF) b.Specification Sequence Listing on:i.CD-ROM (2 copies) or CD-R (2 copies) orii.paperc. Statements verifying identity of above copies. 9. A copy of any disclaimer, certificate of correction or reexamination certificate issued in the patent is included. 10. Reexamination of claim(s) is requested. 11. 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 equivalent. 12. An English language translation of all necessary and pertinent non-English language patents and/or printed publications is attached. 13. The attached detailed request includes at least the following items: a.A statement identifying each substantial new question of patentability based on prior patents and printedpublications. 37 CFR 1.510(b)(1).b.An identification of every claim for which reexamination is requested, and a detailed explanation of thepertinency and manner of applying the cited art to every claim for which reexamination is requested.37 CFR1.510(b)(2). PTO/SB/57 (01-18) Approved for use through /30/201. 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. American LegalNet, Inc. www.FormsWorkFlow.com (at the address identified below) Address City State Zip Country Telephone Email 18. 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/Printed Name Registration No. For Patent Owner Requester For Third Party Requester [Page 3 of 3] 17.Correspondence Address: Direct all communication about the reexamination to:The address associated with Customer Number:OR Firm or Individual Name PTO/SB/57 (01-18) Approved for use through /30/201. 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. American LegalNet, Inc. www.FormsWorkFlow.com 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 003 Privacy Act Statement The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent application or patent. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to process and/or examine your submission, which may result in termination of proceedings or abandonment of the application or expiration of the patent. The information provided by you in this form will be subject to the following routine uses: 1.The information on this form will be treated confidentially to the extent allowed under the Freedom of InformationAct (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may be disclosedto the Department of Justice to determine whether disclosure of these records is required by the Freedom ofInformation Act.2.A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence toa court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course ofsettlement negotiations.3