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…

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What 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…

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What 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…

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How 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…

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Can 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…

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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…

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