Can a third party requester file multiple sets of comments on a patent owner’s response in inter partes reexamination?
No, a third party requester is limited to filing only one set of comments on a patent owner’s response in inter partes reexamination. The MPEP 2666.40 clearly states:
“The third party requester will be given one opportunity to file written comments on any patent owner response to an Office action, provided that the comments are received in the Office within 30 days after the date of service of the patent owner’s response on the third party requester.”
This limitation ensures that the reexamination process remains focused and efficient, preventing potential delays from multiple rounds of comments.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2666.40 - Patent Owner Completion Of Response And Third Party Comments Thereon,
Patent Law,
Patent Procedure