Can third parties participate in ex parte reexamination proceedings?
Third party participation in ex parte reexamination proceedings is limited. According to the MPEP, “The active participation of the ex parte reexamination requester ends with the reply pursuant to § 1.535, and no further submissions on behalf of the reexamination requester will be acknowledged or considered.“ After the reexamination is ordered, third party submissions are…
Read MoreHow does inter partes reexamination differ from ex parte reexamination?
Inter partes reexamination differs from ex parte reexamination in several procedural aspects, but not in the substance considered. The MPEP states: “Inter partes reexamination differs from ex parte reexamination in matters of procedure, such as when the third party requester can participate, the types of Office actions and the timing of issuance of the Office…
Read MoreWhat are the basic characteristics of inter partes reexamination?
Inter partes reexamination has several key characteristics as outlined in MPEP 2609: It could be requested by any third party before September 16, 2012, during the enforceability period of eligible patents. Prior art is limited to patents or printed publications under 35 U.S.C. 102 and 103. A specific standard must be met for reexamination to…
Read More