What rights does a third party requester have regarding new findings of patentability in inter partes reexamination?
In inter partes reexamination, a third party requester’s rights to comment on new findings of patentability are limited until the appeal stage, unless the patent owner responds to the finding. According to MPEP 2673.01: “The third party requester has no right to comment on and address a finding of patentability made during the reexamination proceeding…
Read MoreIs reopening prosecution necessary when a new finding of patentability is made after ACP?
No, reopening prosecution is not necessary when a new finding of patentability is made after Action Closing Prosecution (ACP). This includes situations where a ground of rejection is withdrawn or an additional claim is found patentable. MPEP 2673.01 states: “As opposed to the examiner making a new ground of rejection, if a new finding of…
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