Who is responsible for determining compliance of rebuttal briefs in inter partes reexamination?
The responsibility for determining compliance of rebuttal briefs in inter partes reexamination lies with the Board of Patent Appeals and Interferences (BPAI). As stated in MPEP 2679:
“As provided in MPEP § 2674, the sole responsibility for determining whether rebuttal briefs comply with 37 CFR 1.943(c) and 37 CFR 41.71 was delegated to the Board effective August 17, 2010“
This delegation of responsibility ensures that:
- The Board reviews rebuttal briefs for compliance with regulations
- There is consistency in the treatment of rebuttal briefs across different cases
- The examination process maintains its integrity and efficiency
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2679 - Office Treatment Of Rebuttal Brief,
Patent Law,
Patent Procedure