Can a third party requester participate in the appeal process of inter partes reexamination?
Can a third party requester participate in the appeal process of inter partes reexamination? Yes, a third party requester can participate in the appeal process of inter partes reexamination. MPEP 2674 outlines the rights and limitations of the third party requester in the appeal process: “The third party requester may file a respondent brief in…
Read MoreCan the page limit for a respondent brief be waived in inter partes reexamination?
The MPEP 2675.01 addresses the possibility of waiving the page limit for respondent briefs in inter partes reexamination: “A request for waiver of the page limit for a respondent brief will be decided by a Board member and may be granted when a party can show good cause.” This means that while there is a…
Read MoreIs there a fee associated with filing a respondent brief in inter partes reexamination?
Yes, there is a fee required for filing a respondent brief in inter partes reexamination. The MPEP states: “A fee as set forth in 37 CFR 41.20(b)(2) is required when the respondent brief is filed for the first time in a particular reexamination proceeding, 35 U.S.C. 41(a).” This fee is mandatory and must be paid…
Read MoreWhat is the time limit for filing a respondent brief in an inter partes reexamination?
According to 37 CFR 41.66(b), a respondent must file their brief within one month from the date of service of the appellant’s brief. The MPEP states: “Once an appellant’s brief has been properly filed, any brief must be filed by respondent within one month from the date of service of the appellant’s brief. The time…
Read MoreWhat is the deadline for filing a respondent brief in an inter partes reexamination?
According to MPEP 2675.01, the deadline for filing a respondent brief in an inter partes reexamination is as follows: “The respondent brief is due one month after the date of service of the appellant’s brief. The time for filing a respondent brief may not be extended.” It’s crucial to note that this deadline is strictly…
Read MoreWhat are the required contents of a respondent brief in an inter partes reexamination?
The contents of a respondent brief are outlined in 37 CFR 41.68(b)(1). Key components include: Real Party in Interest statement Related Appeals, Interferences, and trials Status of claims Status of amendments Summary of claimed subject matter Issues to be reviewed on appeal Argument Evidence appendix Related proceedings appendix Certificate of service The MPEP emphasizes: “The…
Read MoreCan new grounds of rejection be proposed in a respondent brief?
No, new grounds of rejection cannot be proposed in a respondent brief during an inter partes reexamination appeal. The MPEP explicitly states in reference to 37 CFR 41.68(b)(1)(vi): “No new ground of rejection can be proposed by a requester respondent.” This limitation ensures that the scope of the appeal remains focused on the issues raised…
Read MoreCan new evidence be included in a respondent brief?
No, new evidence cannot be included in a respondent brief during an inter partes reexamination appeal. The MPEP clearly states in reference to 37 CFR 41.68(b)(2): “A respondent brief shall not include any new or non-admitted amendment, or any new or non-admitted affidavit or other evidence.” This restriction ensures that the appeal process focuses on…
Read MoreWhat are the timeframes for filing briefs in an inter partes reexamination appeal?
The timeframes for filing briefs in an inter partes reexamination appeal are specific and cannot be extended. According to MPEP 2662: Appellant Brief: Each party that filed a notice of appeal or notice of cross appeal may file an appellant brief and fee within two months after the last-filed notice of appeal or cross appeal.…
Read MoreWhat are the consequences of not filing a respondent brief in inter partes reexamination?
The MPEP 2675.01 outlines the consequences of not filing a respondent brief in inter partes reexamination: “If no respondent brief is filed, the reexamination will proceed to the Board for decision based upon the appellant’s brief and the examiner’s answer.” This means that: The absence of a respondent brief does not halt the reexamination process…
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