Can a patent owner file a statement before the reexamination order?
No, a patent owner cannot file a statement before the reexamination order is issued. MPEP 2249 states: “The patent owner has no right to file a statement subsequent to the filing of the request under 35 U.S.C. 302 but prior to the order for reexamination. Any such premature statement will not be acknowledged nor considered by the Office when making the decision on the request and will be returned or discarded at the option of the Office, and will be expunged if inadvertently entered into the record.” This rule ensures that the reexamination process follows the prescribed order of events.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2249 - Patent Owner'S Statement In Reexaminations Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure