What are the content limitations for third party requester comments in inter partes reexamination?
Third party requester comments in inter partes reexamination are subject to specific content limitations. According to the MPEP: “The third party requester comments must be directed to points and issues covered by the Office action and/or the patent owner’s response. The written comments filed by a third party requester should specify the issues and points…
Read MoreHow long does a third party requester have to comment on a patent owner’s response in inter partes reexamination?
In inter partes reexamination, the third party requester has a specific timeframe to comment on the patent owner’s response. According to MPEP 2666.40: “The third party requester will be given one opportunity to file written comments on any patent owner response to an Office action, provided that the comments are received in the Office within…
Read MoreCan a third party requester file multiple sets of comments on a patent owner’s response in inter partes reexamination?
No, a third party requester is limited to filing only one set of comments on a patent owner’s response in inter partes reexamination. The MPEP 2666.40 clearly states: “The third party requester will be given one opportunity to file written comments on any patent owner response to an Office action, provided that the comments are…
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 MoreCan third-party requesters participate in appeals during ex parte reexamination?
No, third-party requesters cannot participate in appeals during ex parte reexamination. The MPEP 2273 explicitly states: “A third party requester may not appeal, and may not participate in the patent owner’s appeal.” This limitation is a key feature of ex parte reexamination proceedings, distinguishing them from inter partes reviews where third parties have more extensive…
Read MoreCan a third party requester appeal a decision in an ex parte reexamination?
No, a third party requester in an ex parte reexamination cannot seek judicial review of a decision. The MPEP 2279 clearly states: “A third party requester of an ex parte reexamination may not seek judicial review.” This principle is supported by case law, specifically Yuasa Battery v. Comm’r, 3 USPQ2d 1143 (D.D.C. 1987). However, it’s…
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 MoreHow does the extension of time practice differ for third-party requested reexaminations?
The extension of time practice for third-party requested ex parte reexaminations differs from patent owner requested or Director ordered reexaminations in several ways: “No cause” extensions for up to two months are not available. All requests must be filed on or before the day on which action by the patent owner is due. All requests…
Read MoreHow can a third party submit prior art citations in a reexamination proceeding?
How can a third party submit prior art citations in a reexamination proceeding? According to MPEP 2602, third parties can submit prior art citations in a reexamination proceeding using specific procedures: Third parties must submit citations in writing to the Office of Patent Legal Administration (OPLA). The submission must be limited to citations of patents…
Read MoreCan third parties submit prior art citations during an inter partes reexamination?
Yes, third parties can submit prior art citations during an inter partes reexamination, but the timing and method of submission are crucial. According to MPEP 2602: “A third party requester citation will be considered if it is submitted as part of a third party requester comments submission under 37 CFR 1.947 or 1.951(b) (made as…
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