How does the USPTO handle inadvertent omissions in a patent owner’s response during inter partes reexamination?
The USPTO recognizes that sometimes a patent owner’s response may inadvertently omit certain matters or requirements while still being a bona fide attempt to respond and advance prosecution. In such cases, the USPTO may provide an opportunity for the patent owner to address the omission. According to MPEP 2666.10: “When action by the patent owner…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreCan a third party requester file supplemental comments in inter partes reexamination?
No, a third party requester is not allowed to file supplemental comments in inter partes reexamination. The MPEP clearly states: “The third party requester is not permitted to file further papers to supplement the third party requester’s written comments. Any such improper supplemental comments will not be considered, and will be returned.“ However, there is…
Read MoreWhat happens if a third party requester doesn’t comment on a patent owner’s response in inter partes reexamination?
If a third party requester does not file timely written comments on a patent owner’s response in inter partes reexamination, any subsequent submission of comments on that specific response will be refused consideration. However, this does not affect the requester’s rights to comment on future patent owner responses. As stated in MPEP 2666.20: “Where a…
Read MoreWhat 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…
Read MoreWhat are the time limits for third party requester comments in inter partes reexamination?
According to 37 CFR 1.947, a third party requester may file written comments within 30 days from the date of service of the patent owner’s response to an Office action. The MPEP states: “The third party requester comments must be filed within a period of 30 days from the date of service of the patent…
Read MoreCan 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. According to MPEP 2682: In accordance with 37 CFR 41.77(c), the third party requester may once file comments on the patent owner’s submission under 37 CFR 41.77(b)(1) within one month of the date of service of the…
Read MoreHow 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…
Read MoreCan 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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