Can a patent owner respond to an inter partes reexamination request before the determination is made?

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, the patent owner cannot respond to an inter partes reexamination request before the determination is made. The MPEP clearly states:

“No input from the patent owner is considered prior to the determination.”

This policy is supported by case law, as the MPEP cites:

“See Patlex v. Mossinghoff, 771 F.2d 480, 226 USPQ 985 (Fed. Cir. 1985).”

The decision on whether to grant the reexamination request is based solely on the request and prior art citations, without considering any potential arguments from the patent owner at this stage.