What happens to premature responses by patent owners in reexamination proceedings?
Premature responses by patent owners in reexamination proceedings are not considered and are expunged from the file. According to MPEP 2267: “Where the patent owner is NOT the requester, any response or amendment filed by owner prior to an order to reexamine is premature, will not be considered, and will be expunged.” This rule is…
Read MoreWhat types of papers are typically expunged in reexamination proceedings?
Several types of papers are typically expunged in reexamination proceedings, including: Premature responses by patent owners (MPEP 2267) Papers submitted on behalf of third parties Untimely responses by requesters Additional responses by requesters after their participation has ended Third-party submissions that don’t meet specific criteria For example, the MPEP states: “Where the patent owner is…
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