What are the service requirements for a third party requester’s reply in ex parte reexamination?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
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.
- Third Party Requester Must Serve Reply on Patent OwnerMPEP 2251Required
- Reply by Ex Parte Requester Must Be Served on Patent OwnerMPEP 2251Required
- Third Party Requester Must Not File StatementMPEP 2251Permitted
- Patent Owner May Not File for Third Party in Ex Parte ReexaminationMPEP 2266Prohibited
- Patent Owner Must Serve Response to Third PartyMPEP 2266Required
- Ex Parte Requester Must File Reply Within Two MonthsMPEP 2251Permitted
- Reply by Third Party Requester Not Acceptable After ResponseMPEP 2251Permitted