What are the requirements for document service in inter partes reexamination?

In inter partes reexamination, there are specific requirements for document service to ensure both parties are informed of all communications. According to MPEP 2654, which cites 35 U.S.C. 314(b)(1):

“With the exception of the inter partes reexamination request, any document filed by either the patent owner or the third-party requester shall be served on the other party. In addition, the Office shall send to the third-party requester a copy of any communication sent by the Office to the patent owner concerning the patent subject to the inter partes reexamination proceeding.”

This means:

• Both the patent owner and third-party requester must serve copies of their submissions to each other.
• The USPTO will send copies of its communications with the patent owner to the third-party requester.
• The initial reexamination request is exempt from the service requirement.

These service requirements ensure transparency and allow both parties to fully participate in the reexamination process.

To learn more:

• document service
• inter partes reexamination
• USPTO procedures
• patent owner
• third-party requester