What is the timeline for third-party requester comments in inter partes reexamination?

In inter partes reexamination, the third-party requester has a specific timeline to submit comments on patent owner responses. According to MPEP 2654, which cites 35 U.S.C. 314(b)(2): “Each time that the patent owner files a response to an action on the merits from the Patent and Trademark Office, the third-party requester shall have one opportunity…

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Can a third-party requester comment on a patent owner’s response to a new ground of rejection?

Yes, a third-party requester can comment on a patent owner’s response to a new ground of rejection issued by the Patent Trial and Appeal Board (PTAB) in an inter partes reexamination. According to MPEP 2681: Where the owner has filed a response requesting reopening of prosecution under paragraph (b)(1) of this section, any requester, within…

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What are the content limitations for third party requester comments in inter partes reexamination?

Third party requester comments in inter partes reexamination are subject to specific content limitations. According to the MPEP: “The third party requester comments must be directed to points and issues covered by the Office action and/or the patent owner’s response. The written comments filed by a third party requester should specify the issues and points…

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How long does a third party requester have to comment on a patent owner’s response in inter partes reexamination?

In inter partes reexamination, the third party requester has a specific timeframe to comment on the patent owner’s response. According to MPEP 2666.40: “The third party requester will be given one opportunity to file written comments on any patent owner response to an Office action, provided that the comments are received in the Office within…

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Can a third party requester file multiple sets of comments on a patent owner’s response in inter partes reexamination?

No, a third party requester is limited to filing only one set of comments on a patent owner’s response in inter partes reexamination. The MPEP 2666.40 clearly states: “The third party requester will be given one opportunity to file written comments on any patent owner response to an Office action, provided that the comments are…

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Can a third party requester comment on an incomplete patent owner response in inter partes reexamination?

Yes, a third party requester can comment on an incomplete patent owner response in inter partes reexamination under certain conditions. If the Office determines a patent owner’s response is incomplete and grants additional time for completion, the third party requester may file comments on the completed response, provided they are submitted within 30 days of…

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