What are the requirements for a patent owner’s statement in an inter partes reexamination request?

In an inter partes reexamination request, the patent owner’s statement must meet specific requirements as outlined in MPEP 2614:

• The statement should be clearly identified as a “statement by the patent owner.”
• It must address each substantial new question of patentability identified in the request.
• The statement should be limited to 50 pages, excluding evidence and supporting documents.
• Any affidavits or declarations must be submitted separately.

As stated in the MPEP: “The patent owner’s statement, if any, must be served on the requester of the inter partes reexamination in accordance with 37 CFR 1.248.” This ensures that the requester is informed of the patent owner’s position on the substantial new questions of patentability raised.

To learn more:

• inter partes reexamination
• patent owner statement
• substantial new question of patentability