What happens if the patent owner fails to complete their response in inter partes reexamination?
If the patent owner fails to complete their response within the allotted time in inter partes reexamination, the consequences can be severe. According to MPEP 2666.40:
“If the patent owner fails to timely complete the response, the prosecution of the reexamination proceeding will be terminated, and a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) will be issued indicating the status of the claims at the time of failure to complete the response.”
This means that the reexamination proceeding will end, and the patent claims will be finalized based on their status at the time the response was incomplete.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2666.40 - Patent Owner Completion Of Response And Third Party Comments Thereon,
Patent Law,
Patent Procedure