How is the timeliness of third party requester comments affected by service in inter partes reexamination?
The timeliness of third party requester comments in inter partes reexamination is directly affected by the service of the patent owner’s response. According to MPEP 2666.06: “35 U.S.C. 314(b)(2) mandates that, in order to be timely, a third party requester must file any written comments to the patent owner’s response (to an Office action on…
Read MoreHow should proof of service be provided in inter partes reexamination proceedings?
Proof of service in inter partes reexamination proceedings must be provided through a certificate of service. The MPEP 2666.06 states: “As proof of service, the party submitting the paper to the Office must attach a certificate of service to the paper. It is required that the certificate of service set forth the name and address…
Read MoreWhat are the service requirements for inter partes reexamination proceedings?
In inter partes reexamination proceedings, service of papers is governed by 37 CFR 1.903. The key requirements are: Any document filed by either the patent owner or the third party requester must be served on every other party in the reexamination proceeding. Service must be done in the manner provided in 37 CFR 1.248. Documents…
Read MoreWhat happens if a party fails to serve documents in an inter partes reexamination?
Failure to serve documents in an inter partes reexamination can have serious consequences. According to MPEP 2666.06: “The failure of the patent owner or the third party requester to serve documents may result in their being refused consideration.” If the USPTO becomes aware that service was not made, they will typically issue a notice using…
Read More