Can third parties participate in ex parte reexamination proceedings?
Third party participation in ex parte reexamination proceedings is limited. According to the MPEP, “The active participation of the ex parte reexamination requester ends with the reply pursuant to § 1.535, and no further submissions on behalf of the reexamination requester will be acknowledged or considered.“
After the reexamination is ordered, third party submissions are generally not allowed unless they meet specific criteria. The MPEP states: “Submissions by third parties, filed after the date of the order for ex parte reexamination pursuant to § 1.525, must meet the requirements of and will be treated in accordance with § 1.501(a).” This ensures that the proceedings remain ex parte as intended by the legislation.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2254 - Conduct Of Ex Parte Reexamination Proceedings,
Patent Law,
Patent Procedure