Can a patent owner file papers on behalf of a third party in an inter partes reexamination?
No, a patent owner cannot file papers on behalf of a third party in an inter partes reexamination. The MPEP is clear on this matter:
“The patent owner cannot file papers on behalf of a third party.”
If a third party paper is submitted as part of a patent owner’s response, the entire submission will be considered improper and returned to the patent owner. The Office will not determine which portion of the submission is the third party paper. This is to maintain the integrity of the reexamination process and ensure that all parties submit their own papers independently.
If such a situation occurs, the improper response with the third party paper will be returned to the patent owner as a defective (informal) response, typically using form PTOL-2069 as the cover letter. The patent owner will then be given an appropriate period to refile the response without the third party paper.
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