What happens if a patent owner fails to file a statement in response to an ex parte reexamination request?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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 patent owner fails to file a statement in response to an ex parte reexamination request, the reexamination will proceed without the patent owner’s input at that stage. The MPEP 2252 states: “If no statement is filed by the patent owner, the reexamination will be conducted initially on the claims as they stand in the patent, with no statement of the patent owner considered in the reexamination.” This means that the examiner will proceed with the reexamination based solely on the request and the prior art cited, without considering any arguments or amendments from the patent owner at this stage. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Untimely Responses Not Considered in Ex Parte Reexamination MPEP 2252 Reply by Ex Parte Reexamination Requester Required Before Examination MPEP 2252 Proof of Service Requirement for Ex Parte Reexamination Papers MPEP 2252 Required Late Responses May Be Refused Consideration MPEP 2252 Permitted Paper Without Proof of Service Not Considered MPEP 2252 Patent Owner Statement Not Considered for Ex Parte Reexamination Determination MPEP 2240 Untimely Submissions Not Placed in Record MPEP 2252 Patent Owner Must File Statement and Amendments After Reexamination Order MPEP 2249 Permitted Patent Owner Statement Considered During Reexamination MPEP 2240 Reply by Ex Parte Reexamination Requester Not Considered Before Examination MPEP 2214 Other Related FAQs 5 FAQs Collapse What documents are considered prior to examination in ex parte reexamination? What is the deadline for filing responses in ex parte reexamination? How does the examiner consider the patent owner&#8217;s statement in ex parte reexamination? What should be included...