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…
Read MoreHow 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…
Read MoreCan third parties submit prior art citations during an inter partes reexamination?
Yes, third parties can submit prior art citations during an inter partes reexamination, but the timing and method of submission are crucial. According to MPEP 2602: “A third party requester citation will be considered if it is submitted as part of a third party requester comments submission under 37 CFR 1.947 or 1.951(b) (made as…
Read MoreWhen can a third party submit prior art or written statements in a patent reexamination?
According to MPEP 2204, a third party can submit prior art or written statements under 35 U.S.C. 301 at any time during the period of enforceability of a patent. The MPEP states: “Prior art in the form of patents or printed publications may be cited to the Office for placement into the patent file at…
Read MoreCan 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 MoreCan third parties challenge or comment on patent term adjustment?
Third parties are not allowed to challenge or comment on patent term adjustment, as specified in 37 CFR 1.705(d). Key points include: No submission or petition on behalf of a third party concerning patent term adjustment will be considered by the USPTO Any such submission or petition will be returned to the third party or…
Read MoreWhat types of third party submissions are allowed in inter partes reexamination?
In inter partes reexamination, third parties other than the requester are generally not allowed to make submissions. However, there are two exceptions, as stated in MPEP 2667: A 37 CFR 1.501 art citation limited to patents and printed publications, along with an explanation of their relevance. Bare notice of suits and other proceedings involving the…
Read MoreCan 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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