Can a third party requester comment on an incomplete patent owner response in inter partes reexamination?
Yes, a third party requester can comment on an incomplete patent owner response in inter partes reexamination under certain conditions. If the Office determines a patent owner’s response is incomplete and grants additional time for completion, the third party requester may file comments on the completed response, provided they are submitted within 30 days of the supplemental response’s service date.
According to MPEP 2666.20:
“Note that where the third party requester did not file comments on a patent owner response that was determined by the Office to be incomplete and the Office provides the patent owner additional time to complete the response, the third party requester may file comments on the response once it is completed (by patent owner’s submission of a supplemental response), provided the comments are filed within 30 days from the date of service of the supplemental response.”
However, it’s important to note that if only a fee is needed to complete the response, the third party requester may not file comments after the fee is submitted.
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