What are the time limits for third party requester comments in inter partes reexamination?
According to 37 CFR 1.947, a third party requester may file written comments within 30 days from the date of service of the patent owner’s response to an Office action. The MPEP states: “The third party requester comments must be filed within a period of 30 days from the date of service of the patent…
Read MoreCan a third party requester comment on a patent owner’s incomplete response?
Yes, a third party requester can comment on a patent owner’s incomplete response. However, the rules for commenting depend on the nature of the incomplete response: If the response is incomplete due to substantive issues, the third party requester can comment on both the original incomplete response and the completed response. If the response is…
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