Can a patent owner file a statement in ex parte reexamination ordered under 35 U.S.C. 257?
No, a patent owner cannot file a statement in ex parte reexamination ordered under 35 U.S.C. 257. This is one of the key differences from standard ex parte reexamination.
According to MPEP 2818.01: “The patent owner will not have the right to file a statement pursuant to 37 CFR 1.530, and the order will not set a time period within which to file such a statement.“
Additionally, the MPEP states: “No amendment in an ex parte reexamination proceeding ordered under 35 U.S.C. 257 may be filed until after the mailing of a first Office action on the merits.“
This restriction ensures that the reexamination proceeds based on the information provided in the supplemental examination request without additional input from the patent owner at the outset of the reexamination.
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