What happens if a third party requester’s comments are received late in inter partes reexamination?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

If a third party requester’s comments are received after the 30-day deadline in inter partes reexamination, they will not be considered. The MPEP 2666.40 is clear on this matter:

“Comments by the third party requester filed after the 30-day period will not be considered.”

This strict adherence to the timeline ensures that the reexamination process proceeds efficiently. Third party requesters must be diligent in submitting their comments within the allotted time to have them considered in the proceedings.