What happens if a party fails to serve documents in an inter partes reexamination?

Failure to serve documents in an inter partes reexamination can have serious consequences. According to MPEP 2666.06:

“The failure of the patent owner or the third party requester to serve documents may result in their being refused consideration.”

If the USPTO becomes aware that service was not made, they will typically issue a notice using form paragraph 26.68, which states in part:

“The submission filed [date] is defective because it appears that the submission was not served on [other party]. … It is required that service of the submission be made, and a certificate of service be provided to the Office, within ONE MONTH from the date of this letter or within the time remaining in the response period of the last Office action (if applicable), whichever is longer.”

Parties are given an opportunity to correct the defect, but failure to do so may result in the document being refused consideration, which could have significant implications for the reexamination proceeding.

To learn more:

Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2666.06 - Service Of Papers, Patent Law, Patent Procedure
Tags: inter partes reexamination, Patent Law Consequences, Service Failure, USPTO procedures