Can a patent owner file papers on behalf of a third party in reexamination?
No, patent owners are explicitly prohibited from filing papers on behalf of third parties in ex parte reexamination proceedings. The MPEP clearly states:
“The patent owner in an ex parte reexamination proceeding must not file papers on behalf of a third party. 37 CFR 1.550(g).“
If a third party paper accompanies or is submitted as part of a timely filed response, the entire submission is considered improper and will be returned to the patent owner. The Office will not determine which portion is the third party paper. This rule ensures the integrity of the ex parte nature of the proceedings.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2266 - Responses,
Patent Law,
Patent Procedure