What are the consequences of not filing a respondent brief in inter partes reexamination?

The MPEP 2675.01 outlines the consequences of not filing a respondent brief in inter partes reexamination:

“If no respondent brief is filed, the reexamination will proceed to the Board for decision based upon the appellant’s brief and the examiner’s answer.”

This means that:

  • The absence of a respondent brief does not halt the reexamination process
  • The Board will make its decision based solely on the appellant’s brief and the examiner’s answer
  • The non-responding party loses the opportunity to present counter-arguments or additional perspectives

It’s important to note that while filing a respondent brief is optional, it can be a crucial opportunity to address arguments raised by the appellant and potentially influence the Board’s decision. Parties should carefully consider the potential impact of not filing a respondent brief on their case.

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2675.01 - Respondent Brief, Patent Law, Patent Procedure
Tags: Consequences, inter partes reexamination, patent appeal, Respondent Brief