What are the consequences of failing to complete a response after notification in inter partes reexamination?

If a patent owner fails to complete a response after being notified of deficiencies, there can be serious consequences. According to MPEP 2666.30:

“The patent owner must then supply the omission within the new time period for response or any extensions under 37 CFR 1.956 thereof to avoid termination of the prosecution (pursuant to 37 CFR 1.957(b)) or limiting prosecution of the claims to those found patentable (pursuant to 37 CFR 1.957(c)).”

Essentially, failure to complete the response can result in either termination of the reexamination proceeding or limitation of the claims to only those found patentable, depending on the specific circumstances of the case.

To learn more:

• inter partes reexamination
• incomplete response
• consequences
• termination
• claim limitation