Can a third party requester file supplemental comments in inter partes reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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 not allowed to file supplemental comments in inter partes reexamination. The MPEP clearly states: “ The third party requester is not permitted to file further papers to supplement the third party requester’s written comments. Any such improper supplemental comments will not be considered, and will be returned. “ However, there is one exception to this rule: “A third party requester may, however, file written comments to any supplemental response filed by the patent owner.” It’s important to note that this restriction is in place to maintain the efficiency and special dispatch of the reexamination process, as mandated by 35 U.S.C. 314(c) . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse No Third Party Comments After Patent Owner Response MPEP 2666.20 Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2666.05 No Inter Partes Reexamination After September 16, 2012 MPEP 2666.05 Reply by Third Party Requester Not Acceptable After Response MPEP 2251 Permitted Third Party Requester Must Not File Statement MPEP 2251 Permitted Third Party Requester Cannot Appeal Patent Owner’s Decision MPEP 2273 Prohibited Patent Owner Must Serve Response to Third Party MPEP 2266 Required Patent Owner Must Serve Response to Reexamination Requester MPEP 2266 Third Party Requester Must Serve Reply on Patent Owner MPEP 2251 Required Patent Owner Cannot File for Third Party MPEP 2251 Prohibited Other Related FAQs 5 FAQs Collapse How does an examiner&#8217;s withdrawal of a rejection affect third party requester rights in inter partes reexamination? What happens if a third party requester submits improper comments in inter partes reexaminati...