When can a third party submit prior art or written statements in a patent reexamination?
According to MPEP 2204, a third party can submit prior art or written statements under 35 U.S.C. 301 at any time during the period of enforceability of a patent. The MPEP states: “Prior art in the form of patents or printed publications may be cited to the Office for placement into the patent file at…
Read MoreCan third parties submit petitions or documents regarding patent term adjustment?
No, third parties are not allowed to submit petitions or documents concerning patent term adjustment under 35 U.S.C. 154(b). The Manual of Patent Examining Procedure (MPEP) Section 2736 clearly states: “No submission or petition on behalf of a third party concerning patent term adjustment under 35 U.S.C. 154(b) will be considered by the Office. Any…
Read MoreCan third parties request maintenance fee status information for patents they don’t own?
Yes, third parties can request maintenance fee status information for patents they don’t own. The MPEP 2570 states: “The Office will respond to requests for the maintenance fee status of patents.” This statement does not limit requests to patent owners only. Third parties can use the following methods to obtain maintenance fee status information: Use…
Read MoreCan third parties participate in a supplemental examination proceeding?
No, third parties are prohibited from participating in supplemental examination proceedings. MPEP 2813 clearly states this prohibition based on statutory and regulatory requirements: “In accordance with 35 U.S.C. 257(a), any party other than the patent owner is prohibited from filing papers or otherwise participating in any manner in the supplemental examination proceeding. See 37 CFR…
Read MoreCan third parties participate in ex parte reexamination proceedings?
Third party participation in ex parte reexamination proceedings is limited. According to the MPEP, “The active participation of the ex parte reexamination requester ends with the reply pursuant to ยง 1.535, and no further submissions on behalf of the reexamination requester will be acknowledged or considered.“ After the reexamination is ordered, third party submissions are…
Read MoreCan a patent owner rely on a third party’s paper for the detailed explanation in a supplemental examination request?
No, a patent owner cannot rely on a paper drafted by a third party, including a patent examiner, to provide the detailed explanation required in a supplemental examination request. The MPEP clearly states: “The detailed explanation must reflect the opinion of the patent owner, and not that of a third party (including a patent examiner).”…
Read MoreCan a patent owner file papers on behalf of a third party in reexamination?
No, patent owners are explicitly prohibited from filing papers on behalf of third parties in ex parte reexamination proceedings. The MPEP clearly states: “The patent owner in an ex parte reexamination proceeding must not file papers on behalf of a third party. 37 CFR 1.550(g).“ If a third party paper accompanies or is submitted as…
Read MoreWhat are the rules for third party comments when a patent owner’s response is incomplete due to a fee requirement?
When a patent owner’s response is incomplete solely due to a fee requirement (other than excess claims fees), the rules for third party comments are as follows: Third party requester comments must be filed within 30 days from the date of service of the patent owner’s original response. The third party requester is not permitted…
Read MoreCan third parties challenge or comment on patent term adjustment?
Third parties are not allowed to challenge or comment on patent term adjustment, as specified in 37 CFR 1.705(d). Key points include: No submission or petition on behalf of a third party concerning patent term adjustment will be considered by the USPTO Any such submission or petition will be returned to the third party or…
Read MoreHow does awaiting third-party approval affect the completeness of an invention?
Awaiting approval from a third-party organization, such as Underwriters’ Laboratories, typically does not extend the experimental use period if the inventor already considers the invention complete. The MPEP states: If the examiner concludes from the evidence of record that the inventor was satisfied that an invention was in fact “complete,” awaiting approval by the inventor…
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