Can a patent owner rely on a third party’s paper for the detailed explanation in a supplemental examination request?
No, a patent owner cannot rely on a paper drafted by a third party, including a patent examiner, to provide the detailed explanation required in a supplemental examination request. The MPEP clearly states: “The detailed explanation must reflect the opinion of the patent owner, and not that of a third party (including a patent examiner).”…
Read MoreCan a patent owner file papers on behalf of a third party in reexamination?
No, patent owners are explicitly prohibited from filing papers on behalf of third parties in ex parte reexamination proceedings. The MPEP clearly states: “The patent owner in an ex parte reexamination proceeding must not file papers on behalf of a third party. 37 CFR 1.550(g).“ If a third party paper accompanies or is submitted as…
Read MoreCan a patent owner file papers on behalf of a third party in an inter partes reexamination?
No, a patent owner cannot file papers on behalf of a third party in an inter partes reexamination. The MPEP is clear on this matter: “The patent owner cannot file papers on behalf of a third party.” If a third party paper is submitted as part of a patent owner’s response, the entire submission will…
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