What are the service requirements for a third party requester’s reply in ex parte reexamination?
In ex parte reexamination, the third party requester must serve a copy of their reply on the patent owner. MPEP 2251 states:
“Any reply by the ex parte requester must be served upon the patent owner in accordance with § 1.248.”
Additionally, the MPEP directs readers to MPEP § 2266.03 for further details on service requirements: “See MPEP § 2266.03 for further discussion as to the third party requester providing service on the patent owner.”
This service requirement ensures that the patent owner is informed of the requester’s reply and can respond appropriately in the reexamination proceeding.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2251 - Reply By Third Party Requester,
Patent Law,
Patent Procedure