What rights does a third party requester have regarding new findings of patentability in inter partes reexamination?
In inter partes reexamination, a third party requester’s rights to comment on new findings of patentability are limited until the appeal stage, unless the patent owner responds to the finding. According to MPEP 2673.01: “The third party requester has no right to comment on and address a finding of patentability made during the reexamination proceeding…
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 MoreHow does an examiner’s withdrawal of a rejection affect third party requester rights in inter partes reexamination?
When an examiner withdraws a ground of rejection in inter partes reexamination, it can affect the third party requester’s rights in several ways, depending on the circumstances: Examiner-initiated rejection: If the examiner withdraws a rejection they originally initiated, the third party requester may propose the withdrawn rejection in their next set of comments. If the…
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