Can a patent owner file a statement in an ex parte reexamination ordered under 35 U.S.C. 257?
No, a patent owner cannot file a statement in an ex parte reexamination ordered under 35 U.S.C. 257. This is one of the key differences from reexaminations ordered under 35 U.S.C. 302.
MPEP 2823 states: “the patent owner will not have the right to file a statement pursuant to 37 CFR 1.530, and the order will not set a time period within which to file such a statement.” This means that in a reexamination resulting from supplemental examination, the patent owner does not have the opportunity to file an initial statement as they would in a standard ex parte reexamination.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2823 - Differences Between An Ex Parte Reexamination Proceeding Ordered Pursuant To 35 U.S.C. 257 And An Ex Parte Reexamination Proceeding Ordered Pursuant To 35 U.S.C. 302,
Patent Law,
Patent Procedure