37 CFR § 1.947 — Comments by third party requester to patent (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.947 Comments by third party requester to patent
This page consolidates MPEP guidance interpreting 37 CFR § 1.947, including 2 rules 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.
Summary
This section outlines the process of responding to third party comments after an applicant's reply during a non-final action in patent reexamination, emphasizing key obligations and compliance requirements under 37 CFR § 1.947.
What this section covers
- The Comments by third party requester to patent is covered, including responses following an applicant’s reply and any inter partes reexamination comments.
Key obligations
- Respond to third party comments after an applicant’s reply during a non-final action.
- Ensure the response addresses all points raised by the third party and complies with 37 CFR § 1.947.
Practice notes
- Failing to timely respond to third party comments can lead to adverse decisions in the reexamination process.
Official MPEP § 1.947 — Comments by third party requester to patent
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.947 Comments by third party requester to patent owner’s response in inter partes reexamination.
Each time the patent owner files a response to an Office action on the merits pursuant to § 1.945 , a third party requester may once file written comments within a period of 30 days from the date of service of the patent owner’s response. These comments shall be limited to issues raised by the Office action or the patent owner’s response. The time for submitting comments by the third party requester may not be extended. For the purpose of filing the written comments by the third party requester, the comments will be considered as having been received in the Office as of the date of deposit specified in the certificate under § 1.8 .
[Added, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001]
- Examination Procedure
- Examiner Action
- Action Types