How are premature responses by patent owners handled in inter partes reexamination?
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.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2667 - Handling Of Inappropriate Or Untimely Filed Papers,
Patent Law,
Patent Procedure