Can a third party requester file supplemental comments in inter partes reexamination?
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).
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2666.05 - Third Party Comments After Patent Owner Response,
Patent Law,
Patent Procedure