What types of documents can third parties submit during an ex parte reexamination proceeding?

During an ex parte reexamination proceeding, third parties are generally not allowed to make submissions after the reexamination order is issued. However, the USPTO will accept certain documents to ensure a complete file with updated status information. These include: Copies of notices of suits involving the patent Copies of decisions or papers filed in court…

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How can a third party submit prior art citations in a reexamination proceeding?

How can a third party submit prior art citations in a reexamination proceeding? According to MPEP 2602, third parties can submit prior art citations in a reexamination proceeding using specific procedures: Third parties must submit citations in writing to the Office of Patent Legal Administration (OPLA). The submission must be limited to citations of patents…

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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…

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Can third parties file an Information Disclosure Statement?

No, third parties cannot file Information Disclosure Statements (IDS) under 37 CFR 1.97 and 37 CFR 1.98. The MPEP clearly states: Third parties (individuals not covered by 37 CFR 1.56(c)) cannot file information disclosure statements under 37 CFR 1.97 and 37 CFR 1.98. However, third parties have other options to submit information: For published applications:…

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