Can a third party requester comment on an incomplete patent owner response in inter partes reexamination?
Yes, a third party requester can comment on an incomplete patent owner response in inter partes reexamination under certain conditions. If the Office determines a patent owner’s response is incomplete and grants additional time for completion, the third party requester may file comments on the completed response, provided they are submitted within 30 days of…
Read MoreCan a patent owner file a supplemental response in an inter partes reexamination?
Yes, a patent owner can file a supplemental response in an inter partes reexamination, but it must meet specific requirements. According to MPEP 2666, “Pursuant to 37 CFR 1.945(b), any supplemental response to the Office action in an inter partes reexamination proceeding must be accompanied by a showing of sufficient cause why the supplemental response…
Read MoreHow does an examiner handle new prior art citations during ex parte reexamination?
Examiners must carefully consider new prior art citations during ex parte reexamination. The process for handling these citations is outlined in MPEP 2260: “If a supplemental response is filed by the patent owner, the examiner may or may not find that the supplemental response should be entered and considered… If the supplemental response is not…
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