What happens if a patent owner fails to file a statement in response to an ex parte reexamination request?
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.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2252 - Consideration Of Statement And Reply,
Patent Law,
Patent Procedure