What is the timeline for preparing and reviewing an examiner’s answer in inter partes reexamination?

The timeline for preparing and reviewing an examiner’s answer in an inter partes reexamination proceeding is outlined in MPEP 2677. The key steps and timeframes are as follows: The examiner’s answer is to be completed by the examiner within two weeks after the appeal conference. After completion, the examiner obtains the initials of the appeal…

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What is the time limit for a third party requester to comment on a patent owner’s response in inter partes reexamination?

In inter partes reexamination, the third party requester must file comments on a patent owner’s response within a specific time frame. While the exact time limit is not explicitly stated in the provided MPEP section, it is generally 30 days from the date of service of the patent owner’s response. This can be inferred from…

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What is the time limit for third-party comments after a patent owner’s response in inter partes reexamination?

In inter partes reexamination, third parties have a specific time frame to submit comments after the patent owner’s response. According to MPEP 2666.05: “The third party requester comments must be filed “within 30 days from the date of service of the patent owner’s response.” This 30-day period is strictly enforced, and late submissions will not…

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How are requests for extensions of time after Action Closing Prosecution (ACP) handled?

Requests for extensions of time after Action Closing Prosecution (ACP) in inter partes reexamination are handled with caution, especially when related to submitting affidavits. Key points include: Granting an extension does not guarantee acceptance of the affidavit. Examiners may question why the affidavit was not presented earlier. Insufficient showings may result in denial of affidavit…

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