How are premature responses by patent owners handled in inter partes reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 5 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. Premature responses by patent owners in inter partes reexamination are not considered and will be expunged. According to MPEP 2667 : “Any response/comments as to materials of record or any amendment filed by the patent owner prior to the first Office action is premature and will not be considered, and will be expunged.” This is based on 37 CFR 1.939 . If such a premature submission is not accompanied by a petition under 37 CFR 1.182 or 1.183, the CRU Director or SPRS will expunge the paper. Related Rules from the Manual of Patent Examining Procedure 5 rules Collapse Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2667 Requests for Inter Partes Reexamination Not Accepted After September 16, 2012 MPEP 2667 Patent Practitioner of Record May Sign Reissue Applications Filed After Sep. 16, 2012 MPEP 1410.02 Permitted Reexamination Requests Prohibited After September 16, 2012 MPEP 1400.01 Permitted Components Required for Patent Application Publication MPEP 1121 Other Related FAQs 5 FAQs Collapse What types of third party submissions are allowed in inter partes reexamination? What happens to late-filed papers in inter partes reexamination? What are the page limit requirements for submissions in inter partes reexamination? How are premature appeals handled in inter partes reexamination? How are premature comments by third party requesters handled in inter partes reexamination?