What happens after the patent owner responds and third party comments in an inter partes reexamination?
After the patent owner responds and any third party comments are received, the patent under reexamination is reconsidered. The MPEP states:
“The patent owner and the third party requester will be notified as to any claims rejected, any claims found patentable and any objections or requirements made.”
This process continues until the examiner determines the proceeding is ready for closing prosecution, at which point an Action Closing Prosecution (ACP) is issued. The process is conducted with “special dispatch” as required by 35 U.S.C. 314(c).
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2671 - Examiner Action Following Response/Comments Or Expiration Of Time For Same,
Patent Law,
Patent Procedure