What are the requirements for a third-party requester’s reply in ex parte reexamination?
According to MPEP 2254, a third-party requester has specific requirements for filing a reply in ex parte reexamination:
- The reply must be filed within two months of the date of service of the patent owner’s statement.
- The reply is limited to issues raised in the patent owner’s statement.
- No new prior art may be introduced in the reply.
The MPEP states: “The third party requester’s reply may not present any additional prior art patents or printed publications and may not go beyond the issues raised in the patent owner’s statement.”
It’s important to note that if the patent owner does not file a statement, the third-party requester is not entitled to file a reply.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2254 - Conduct Of Ex Parte Reexamination Proceedings,
Patent Law,
Patent Procedure
Tags:
ex parte reexamination,
patent procedure,
Reply Requirements,
Third-Party Requester
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