Can third-party requesters participate in ex parte reexamination interviews?
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.
No, third-party requesters are not permitted to participate in ex parte reexamination interviews. MPEP 2281 clearly states:
“Requests that reexamination requesters participate in interviews with examiners will not be granted.“
This restriction is in place to maintain the ex parte nature of the reexamination proceedings. Only the patent owner and/or their representative can participate in interviews with the examiner. Third-party requesters may only receive information on strictly procedural matters, and even then, they should be referred to the Central Reexamination Unit (CRU) Supervisory Patent Reexamination Specialist (SPRS) or Technology Center (TC) Quality Assurance Specialist (QAS) for such information.