What is the Patent Owner’s Statement in ex parte reexamination?

Question

Accepted Answer

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. The Patent Owner’s Statement is a response filed by the patent owner in an ex parte reexamination proceeding. According to MPEP 2249 , “ If reexamination is ordered under 35 U.S.C. 304 , the decision will set a period of not less than two months within which period the patent owner may file a statement and any narrowing amendments to the patent claims. ” This statement allows the patent owner to argue why the patent claims are patentable in light of the cited prior art. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Owner’s Statement Before Reexamination Order Not Acknowledged MPEP 2249 CRU Requests Waiver of Patent Owner’s Statement MPEP 2249 Patent Owner Waiver Not Required for Ex Parte Reexamination MPEP 2249 Required CRU Records Patent Owner’s Agreement on Waiver of Statement MPEP 2249 Patent Owner Must File Statement and Amendments After Reexamination Order MPEP 2249 Permitted Request Must Be Served on Patent Owner MPEP 2220 Required Copy of Form Mailed to Patent Owner and Requester After Interview Summary MPEP 2249 Requirement for Patent Owner’s Statement in Reexaminations MPEP 2249 Central Reexamination Unit Requests Waiver of Patent Owner’s Statement MPEP 2249 Examiner Can Issue First Office Action on Same Day as Order If Patent Owner Waives Statement MPEP 2249 Permitted Other Related FAQs 5 FAQs Collapse Can a patent owner file a statement before the reexamination order? What are the service requirements for a patent owner&#8217;s statement in ex parte reexamination? What is the Waiver of Statement Program in ex parte reexamination? No more FAQs can be generated Can admissions be used as a basis for establishing a substantial new question of pat...