Can a third party requester file a reply if the patent owner doesn’t file a statement?

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, a third party requester cannot file a reply if the patent owner does not file a statement in an ex parte reexamination. MPEP 2251 clearly states:

“If the patent owner does not file a statement under § 1.530, no reply or other submission from the ex parte reexamination requester will be considered.”

This rule ensures that the third party requester’s involvement is limited to responding to the patent owner’s statement, if one is filed.