What is the purpose of the requester’s reply in ex parte reexamination?
The requester’s reply in ex parte reexamination serves to address the patent owner’s statement and provide additional arguments for reexamination. According to MPEP 2252:
“The reply by the requester should be limited to issues raised by the patent owner’s statement.”
The purpose of the requester’s reply is to:
- Respond to arguments made by the patent owner
- Address any proposed claim amendments
- Provide further evidence or reasoning for why the claims should be reexamined
- Assist the examiner in fully understanding the issues at hand
It’s important to note that the requester’s participation in the reexamination process ends with this reply, as stated in the MPEP: “No further submission on behalf of the reexamination requester will be acknowledged or considered.”
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2252 - Consideration Of Statement And Reply,
Patent Law,
Patent Procedure