What types of documents can third parties submit during an ex parte reexamination proceeding?
During an ex parte reexamination proceeding, third parties are generally not allowed to make submissions after the reexamination order is issued. However, the USPTO will accept certain documents to ensure a complete file with updated status information. These include: Copies of notices of suits involving the patent Copies of decisions or papers filed in court…
Read MoreWhat types of third-party submissions are accepted during inter partes reexamination?
During an inter partes reexamination proceeding, the USPTO generally does not enter third-party submissions filed after the date of the order into the reexamination file or patent file, unless the third party is a reexamination requester. However, MPEP 2686 states: “[T]he Office will, at any time, accept from any parties, for entry into the reexamination…
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