Can a third party requester file multiple sets of comments on a patent owner’s response in inter partes reexamination?

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 is limited to filing only one set of comments on a patent owner’s response in inter partes reexamination. The MPEP 2666.40 clearly states:

“The third party requester will be given one opportunity to file written comments on any patent owner response to an Office action, provided that the comments are received in the Office within 30 days after the date of service of the patent owner’s response on the third party requester.”

This limitation ensures that the reexamination process remains focused and efficient, preventing potential delays from multiple rounds of comments.