What are the expectations for parties involved in inter partes reexamination proceedings?

Parties involved in inter partes reexamination proceedings are expected to conduct themselves professionally and in accordance with USPTO regulations. The MPEP 2609 states:

Patent owners and third party requesters are cautioned that the reexamination statute, regulations, and published examining procedures do not countenance so-called “litigation tactics” in reexamination proceedings. The parties are expected to conduct themselves accordingly.

This means that parties should avoid using strategies typically associated with litigation that may not be appropriate in the context of reexamination. The USPTO expects adherence to its regulations and procedures, including:

• Avoiding submissions not provided for in the regulations
• Refraining from multiple submissions like replies and sur-replies to opposing papers
• Adhering to the provisions of 37 CFR 11.18(b) throughout the proceedings

Parties should focus on the substantive issues of patentability and follow the established procedures for reexamination to ensure an efficient and fair process.

To learn more:

• inter partes reexamination
• USPTO procedures
• patent owner responsibilities
• third party requester conduct