How is the timeliness of third party requester comments affected by service in inter partes reexamination?
The timeliness of third party requester comments in inter partes reexamination is directly affected by the service of the patent owner’s response. According to MPEP 2666.06: “35 U.S.C. 314(b)(2) mandates that, in order to be timely, a third party requester must file any written comments to the patent owner’s response (to an Office action on…
Read MoreWhat is the timeliness requirement for submitting evidence to traverse rejections?
Evidence traversing rejections must be timely filed to be considered. According to MPEP 716.01, evidence is considered timely if submitted: Prior to a final rejection Before appeal in an application not having a final rejection After final rejection, but before or on the same date of filing an appeal, with a showing of good and…
Read MoreCan an interim copy of the foreign priority application be filed to meet the certified copy requirement?
Yes, under 37 CFR 1.55(j), the requirement for a certified copy of the foreign application to be filed within the time limit set forth in 37 CFR 1.55(f) will be considered satisfied if: A copy of the original foreign application clearly labeled as “Interim Copy,” including the specification, and any drawings or claims upon which…
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