Can third-party comments in inter partes reexamination address issues not raised by the patent owner?
Third-party comments in inter partes reexamination are limited to addressing issues raised by the patent owner’s response. The MPEP 2666.05 states:
“The third party requester comments may not address any issue that was not raised in the Office action or the patent owner’s response.”
This restriction ensures that the scope of the reexamination remains focused on the issues at hand. Third parties should carefully review the patent owner’s response and address only the points raised therein.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2666.05 - Third Party Comments After Patent Owner Response,
Patent Law,
Patent Procedure