Can a third party requester intervene in court review of a reexamination decision?
While third party requesters cannot directly appeal reexamination decisions, they may be allowed to intervene in court reviews under certain circumstances. The MPEP 2279 states: “While the reexamination statutory provisions do not provide for participation by any third party requester during any court review, the courts have permitted intervention by a third party requester in…
Read MoreWhat are the consequences if a third party requester fails to file a timely appeal in inter partes reexamination?
If a third party requester fails to file a timely appeal or if their appeal is dismissed in inter partes reexamination, they lose certain rights in the appeal process. However, they may retain some limited participation options depending on the circumstances. According to MPEP 2666.20: “Where the third party requester fails to make a timely…
Read MoreWhat are the time limits for third party requester comments in inter partes reexamination?
According to 37 CFR 1.947, a third party requester may file written comments within 30 days from the date of service of the patent owner’s response to an Office action. The MPEP states: “The third party requester comments must be filed within a period of 30 days from the date of service of the patent…
Read MoreCan a third party requester comment on a patent owner’s response to a new ground of rejection?
Yes, a third party requester can comment on a patent owner’s response to a new ground of rejection. According to MPEP 2682: In accordance with 37 CFR 41.77(c), the third party requester may once file comments on the patent owner’s submission under 37 CFR 41.77(b)(1) within one month of the date of service of the…
Read MoreCan a third party requester comment on a patent owner’s incomplete response?
Yes, a third party requester can comment on a patent owner’s incomplete response. However, the rules for commenting depend on the nature of the incomplete response: If the response is incomplete due to substantive issues, the third party requester can comment on both the original incomplete response and the completed response. If the response is…
Read MoreWhat are the content limitations for third party requester comments in inter partes reexamination?
Third party requester comments in inter partes reexamination are subject to specific content limitations. According to the MPEP: “The third party requester comments must be directed to points and issues covered by the Office action and/or the patent owner’s response. The written comments filed by a third party requester should specify the issues and points…
Read MoreHow long does a third party requester have to comment on a patent owner’s response in inter partes reexamination?
In inter partes reexamination, the third party requester has a specific timeframe to comment on the patent owner’s response. According to MPEP 2666.40: “The third party requester will be given one opportunity to file written comments on any patent owner response to an Office action, provided that the comments are received in the Office within…
Read MoreCan a third party requester file multiple sets of comments on a patent owner’s response in inter partes reexamination?
No, a third party requester is limited to filing only one set of comments on a patent owner’s response in inter partes reexamination. The MPEP 2666.40 clearly states: “The third party requester will be given one opportunity to file written comments on any patent owner response to an Office action, provided that the comments are…
Read MoreCan 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 third party requester appeal a decision in an ex parte reexamination?
No, a third party requester in an ex parte reexamination cannot seek judicial review of a decision. The MPEP 2279 clearly states: “A third party requester of an ex parte reexamination may not seek judicial review.” This principle is supported by case law, specifically Yuasa Battery v. Comm’r, 3 USPQ2d 1143 (D.D.C. 1987). However, it’s…
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