Are third party requesters allowed to file additional papers after their reply in ex parte reexamination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2251 - Reply By Third Party Requester Patent Law Patent Procedure
Tags: Reexamination Patent Owner Statement, Reexamination Reply