How does the USPTO communicate with third-party requesters in inter partes reexamination?

The USPTO uses specific forms to communicate with third-party requesters in inter partes reexamination proceedings. According to MPEP 2696, the primary form for this purpose is: PTOL-2070: Transmittal of Communication to Third Party Requester – Inter Partes Reexamination This form ensures that third-party requesters receive relevant communications throughout the reexamination process, maintaining transparency and allowing…

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How does the USPTO handle an untimely or inappropriate comment from a third party requester in inter partes reexamination?

According to MPEP 2666.10, if a third party requester files an untimely or inappropriate comment, notice of appeal, or brief in an inter partes reexamination, the USPTO will refuse consideration of the paper. Specifically: “If the third party requester files an untimely or inappropriate comment, notice of appeal or brief in an inter partes reexamination,…

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Can papers filed untimely in inter partes reexamination be considered later in the proceedings?

Yes, papers that were initially considered untimely and returned or expunged in inter partes reexamination can potentially be considered later in the proceedings. According to MPEP 2625: “If the submission of the returned/expunged papers is appropriate later in the proceedings, they may be filed, and accepted by the Office, at that time.” This provision allows…

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What triggers intervening rights in inter partes reexamination?

Intervening rights in inter partes reexamination are triggered when a patent’s claims are amended or new claims are added during the reexamination process. The MPEP 2693 states: “Any proposed amended or new claim determined to be patentable and incorporated into a patent following an inter partes reexamination proceeding shall have the same effect as that…

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What triggers an order for inter partes reexamination?

An order for inter partes reexamination is triggered when the Director finds that a substantial new question of patentability (SNQ) affecting a claim of a patent is raised, or that there is a reasonable likelihood that the requester would prevail (RLP) with respect to at least one of the claims challenged in the request. As…

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How is the timeliness of third party requester comments affected by service in inter partes reexamination?

The timeliness of third party requester comments in inter partes reexamination is directly affected by the service of the patent owner’s response. According to MPEP 2666.06: “35 U.S.C. 314(b)(2) mandates that, in order to be timely, a third party requester must file any written comments to the patent owner’s response (to an Office action on…

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