Can third-party requesters participate in ex parte reexamination interviews?
No, third-party requesters are not permitted to participate in ex parte reexamination interviews. MPEP 2281 clearly states:
“Requests that reexamination requesters participate in interviews with examiners will not be granted.“
This restriction is in place to maintain the ex parte nature of the reexamination proceedings. Only the patent owner and/or their representative can participate in interviews with the examiner. Third-party requesters may only receive information on strictly procedural matters, and even then, they should be referred to the Central Reexamination Unit (CRU) Supervisory Patent Reexamination Specialist (SPRS) or Technology Center (TC) Quality Assurance Specialist (QAS) for such information.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2281 - Interviews In Ex Parte Reexamination Proceedings,
Patent Law,
Patent Procedure