Can a third party requester file a reply if the patent owner doesn’t file a statement?
No, a third party requester cannot file a reply if the patent owner does not file a statement in an ex parte reexamination. MPEP 2251 clearly states: “If the patent owner does not file a statement under § 1.530, no reply or other submission from the ex parte reexamination requester will be considered.” This rule…
Read MoreWhat are the service requirements for a third party requester’s reply in ex parte reexamination?
In ex parte reexamination, the third party requester must serve a copy of their reply on the patent owner. MPEP 2251 states: “Any reply by the ex parte requester must be served upon the patent owner in accordance with § 1.248.” Additionally, the MPEP directs readers to MPEP § 2266.03 for further details on service…
Read MoreWhat can a third party requester include in their reply during ex parte reexamination?
According to MPEP 2251, a third party requester’s reply in an ex parte reexamination can be quite comprehensive. The MPEP states: “The reply need not be limited to the issues raised in the statement. The reply may include additional prior art patents and printed publications and may raise any issue appropriate for reexamination.” This means…
Read MoreAre third party requesters allowed to file additional papers after their reply in ex parte reexamination?
No, third party requesters are not permitted to file additional papers after their reply to the patent owner’s statement in an ex parte reexamination. MPEP 2251 clearly states: “The third party requester is not permitted to file any further papers after his or her reply to the patent owner’s statement. Any further papers will not…
Read MoreWhat is the time limit for a third party requester to reply in an ex parte reexamination?
According to MPEP 2251, a third party requester has two months from the date of service of the patent owner’s statement to file a reply. This time limit is set by 35 U.S.C. 304 and cannot be extended. The MPEP states: “If the patent owner files a statement in a timely manner, the third party…
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