What is the time limit for a third party requester to comment on a patent owner’s response in inter partes reexamination?
In inter partes reexamination, the third party requester must file comments on a patent owner’s response within a specific time frame. While the exact time limit is not explicitly stated in the provided MPEP section, it is generally 30 days from the date of service of the patent owner’s response. This can be inferred from…
Read MoreWhat happens if a third party requester doesn’t comment on a patent owner’s response in inter partes reexamination?
If a third party requester does not file timely written comments on a patent owner’s response in inter partes reexamination, any subsequent submission of comments on that specific response will be refused consideration. However, this does not affect the requester’s rights to comment on future patent owner responses. As stated in MPEP 2666.20: “Where a…
Read MoreWhat are the consequences if a third party requester fails to file a timely appeal in inter partes reexamination?
If a third party requester fails to file a timely appeal or if their appeal is dismissed in inter partes reexamination, they lose certain rights in the appeal process. However, they may retain some limited participation options depending on the circumstances. According to MPEP 2666.20: “Where the third party requester fails to make a timely…
Read MoreCan a third party requester comment on an incomplete patent owner response in inter partes reexamination?
Yes, a third party requester can comment on an incomplete patent owner response in inter partes reexamination under certain conditions. If the Office determines a patent owner’s response is incomplete and grants additional time for completion, the third party requester may file comments on the completed response, provided they are submitted within 30 days of…
Read MoreWhat happens if only a fee is needed to complete a patent owner’s response in inter partes reexamination?
In inter partes reexamination, if only a fee (other than an excess claims fee to support an amendment) is needed to complete a patent owner’s response, the third party requester is not allowed to file comments after the fee is submitted. As stated in MPEP 2666.20: “However, where only a fee (other than an excess…
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