Can a patent owner file a statement in an ex parte reexamination ordered under 35 U.S.C. 257?

No, a patent owner cannot file a statement in an ex parte reexamination ordered under 35 U.S.C. 257. This is one of the key differences from reexaminations ordered under 35 U.S.C. 302.

MPEP 2823 states: “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.” This means that in a reexamination resulting from supplemental examination, the patent owner does not have the opportunity to file an initial statement as they would in a standard ex parte reexamination.

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Topics: MPEP 2800 - Supplemental Examination, MPEP 2823 - Differences Between An Ex Parte Reexamination Proceeding Ordered Pursuant To 35 U.S.C. 257 And An Ex Parte Reexamination Proceeding Ordered Pursuant To 35 U.S.C. 302, Patent Law, Patent Procedure
Tags: ex parte reexamination, Patent Owner Rights, supplemental examination