How are late-filed third-party comments handled in inter partes reexamination?
Late-filed third-party comments in inter partes reexamination are generally not considered. The MPEP 2666.05 provides clear guidance on this matter:
“If the third party requester comments are late, the comments will not be considered […] If the comments are filed late, they will be returned to the third party requester unless a petition under 37 CFR 1.183 has been granted.”
To have late-filed comments considered, the third party must file a petition under 37 CFR 1.183 to suspend the rules. Such petitions are granted only in extraordinary situations where justice requires.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2666.05 - Third Party Comments After Patent Owner Response,
Patent Law,
Patent Procedure