What is the time limit for third-party comments after a patent owner’s response in inter partes reexamination?
In inter partes reexamination, third parties have a specific time frame to submit comments after the patent owner’s response. According to MPEP 2666.05: “The third party requester comments must be filed “within 30 days from the date of service of the patent owner’s response.” This 30-day period is strictly enforced, and late submissions will not…
Read MoreWhat are the rules for third party comments when a patent owner’s response is incomplete due to a fee requirement?
When a patent owner’s response is incomplete solely due to a fee requirement (other than excess claims fees), the rules for third party comments are as follows: Third party requester comments must be filed within 30 days from the date of service of the patent owner’s original response. The third party requester is not permitted…
Read MoreCan third-party comments in inter partes reexamination address issues not raised by the patent owner?
Third-party comments in inter partes reexamination are limited to addressing issues raised by the patent owner’s response. The MPEP 2666.05 states: “The third party requester comments may not address any issue that was not raised in the Office action or the patent owner’s response.” This restriction ensures that the scope of the reexamination remains focused…
Read MoreHow are late-filed third-party comments handled in inter partes reexamination?
Late-filed third-party comments in inter partes reexamination are generally not considered. The MPEP 2666.05 provides clear guidance on this matter: “If the third party requester comments are late, the comments will not be considered […] If the comments are filed late, they will be returned to the third party requester unless a petition under 37…
Read MoreWhat is the timeline for patent owner response completion and third party comments in inter partes reexamination?
In inter partes reexamination, the patent owner typically has 30 days or one month (whichever is longer) to complete their response. After the patent owner completes the response, the examiner waits two months before taking action. This allows time for third party requester comments, which are due within 30 days of the date of service…
Read MoreWhat happens after the patent owner responds and third party comments in an inter partes reexamination?
After the patent owner responds and any third party comments are received, the patent under reexamination is reconsidered. The MPEP states: “The patent owner and the third party requester will be notified as to any claims rejected, any claims found patentable and any objections or requirements made.” This process continues until the examiner determines the…
Read MoreHow are excess claims fees handled in inter partes reexamination?
In inter partes reexamination, excess claims fees are handled differently from other fees. If a patent owner fails to pay excess claims fees: The new claim “package” in the patent owner’s original request is not entered until the excess claims fee is paid. The third party requester cannot comment on the new claim “package” until…
Read MoreHow is a patent owner’s completed response treated in inter partes reexamination?
In inter partes reexamination, a patent owner’s completed response is generally treated as a new response on-the-merits to the Office action. This treatment has implications for third party requester comments: The third party requester is entitled to respond to the completed response. The requester has 30 days from the date of service of the completed…
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