What are the rules for third party comments when a patent owner’s response is incomplete due to a fee requirement?

When a patent owner’s response is incomplete solely due to a fee requirement (other than excess claims fees), the rules for third party comments are as follows: Third party requester comments must be filed within 30 days from the date of service of the patent owner’s original response. The third party requester is not permitted…

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What is the timeline for patent owner response completion and third party comments in inter partes reexamination?

In inter partes reexamination, the patent owner typically has 30 days or one month (whichever is longer) to complete their response. After the patent owner completes the response, the examiner waits two months before taking action. This allows time for third party requester comments, which are due within 30 days of the date of service…

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How is a patent owner’s completed response treated in inter partes reexamination?

In inter partes reexamination, a patent owner’s completed response is generally treated as a new response on-the-merits to the Office action. This treatment has implications for third party requester comments: The third party requester is entitled to respond to the completed response. The requester has 30 days from the date of service of the completed…

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