What is the Patent Owner’s Statement in ex parte reexamination?
The Patent Owner’s Statement is a response filed by the patent owner in an ex parte reexamination proceeding. According to MPEP 2249, “If reexamination is ordered under 35 U.S.C. 304, the decision will set a period of not less than two months within which period the patent owner may file a statement and any narrowing amendments to the patent claims.” This statement allows the patent owner to argue why the patent claims are patentable in light of the cited prior art.
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Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2249 - Patent Owner'S Statement In Reexaminations Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure