How are late responses by requesters handled in reexamination proceedings?
Late responses by requesters in reexamination proceedings are not considered and are expunged from the file. According to MPEP 2267: “Any response subsequent to 2 months from the date of service of the patent owner’s statement will not be considered, and will be expunged.” This rule is based on 37 CFR 1.535 and 37 CFR…
Read MoreHow is correspondence handled for a requester in ex parte reexamination?
Correspondence handling for a requester in ex parte reexamination depends on whether the requester is the patent owner or not. According to MPEP 2213: For a requester that is not the patent owner: “All correspondence for a requester that is not the patent owner is addressed to the representative of the requester, unless a specific…
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