Can third-party requesters participate in ex parte reexamination interviews?

No, third-party requesters are not permitted to participate in ex parte reexamination interviews. MPEP 2281 clearly states: “Requests that reexamination requesters participate in interviews with examiners will not be granted.“ This restriction is in place to maintain the ex parte nature of the reexamination proceedings. Only the patent owner and/or their representative can participate in…

Read More

What is the timeline for third-party requester comments in inter partes reexamination?

In inter partes reexamination, the third-party requester has a specific timeline to submit comments on patent owner responses. According to MPEP 2654, which cites 35 U.S.C. 314(b)(2): “Each time that the patent owner files a response to an action on the merits from the Patent and Trademark Office, the third-party requester shall have one opportunity…

Read More

Can third parties participate in a supplemental examination proceeding?

No, third parties are prohibited from participating in supplemental examination proceedings. MPEP 2813 clearly states this prohibition based on statutory and regulatory requirements: “In accordance with 35 U.S.C. 257(a), any party other than the patent owner is prohibited from filing papers or otherwise participating in any manner in the supplemental examination proceeding. See 37 CFR…

Read More

What happens when a reexamination proceeding is terminated?

When a reexamination proceeding is terminated, the following steps are taken according to MPEP 2294: The reexamination file is forwarded to the Central Reexamination Unit (CRU) if not already there The file is given a 420 status A copy of the PALM “Application Number Information” screen and the “Contents” screen is printed and annotated with…

Read More

What is the role of a Technology Center Practice Specialist in derivation proceedings?

A Technology Center Practice Specialist plays an important advisory role in handling complex issues that may arise from derivation proceedings. According to MPEP 2315: “Examiners should consult a Technology Center Practice Specialist if any questions arise regarding remedies provided for in a derivation proceeding.” This guidance suggests that Technology Center Practice Specialists are resources for…

Read More