Can a third party requester file a reply if the patent owner doesn’t file a statement?
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.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2251 - Reply By Third Party Requester,
Patent Law,
Patent Procedure