What is the timeline for third-party requester comments in inter partes reexamination?
In inter partes reexamination, the third-party requester has a specific timeline to submit comments on patent owner responses. According to MPEP 2654, which cites 35 U.S.C. 314(b)(2):
“Each time that the patent owner files a response to an action on the merits from the Patent and Trademark Office, the third-party requester shall have one opportunity to file written comments addressing issues raised by the action of the Office or the patent owner’s response thereto, if those written comments are received by the Office within 30 days after the date of service of the patent owner’s response.”
Key points about this timeline:
- The third-party requester has one opportunity to comment on each patent owner response.
- Comments must be filed within 30 days of the patent owner’s response being served.
- Comments can address issues raised by the USPTO’s action or the patent owner’s response.
This timeline ensures that the third-party requester can actively participate in the reexamination process while maintaining an efficient proceeding.
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