Can a patent owner file papers on behalf of a third party in an inter partes reexamination?
No, a patent owner cannot file papers on behalf of a third party in an inter partes reexamination. The MPEP is clear on this matter: “The patent owner cannot file papers on behalf of a third party.” If a third party paper is submitted as part of a patent owner’s response, the entire submission will…
Read MoreWhat happens if a 37 CFR 1.501 submission is improper?
If a submission under 37 CFR 1.501 is deemed improper, it will not be entered into the patent file. The MPEP states: “If the 37 CFR 1.501 submission is not proper because it is not limited to patents, printed publications, and/or patent owner written claim scope statements and additional information or it fails to include…
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