Are third party requesters allowed to file additional papers after their reply in ex parte reexamination?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
No, third party requesters are not permitted to file additional papers after their reply to the patent owner’s statement in an ex parte reexamination. MPEP 2251 clearly states:
“The third party requester is not permitted to file any further papers after his or her reply to the patent owner’s statement. Any further papers will not be considered and will be returned to the requester.”
This restriction ensures that the ex parte reexamination process remains focused and prevents potential delays or complications from additional submissions by the third party requester.
- Reply by Third Party Requester Not Acceptable After ResponseMPEP 2251Permitted
- Third Party Requester Must Not File StatementMPEP 2251Permitted
- Third Party Requester Must Serve Reply on Patent OwnerMPEP 2251Required
- Patent Owner Cannot File for Third PartyMPEP 2251Prohibited
- Ex Parte Requester Must File Reply Within Two MonthsMPEP 2251Permitted