How are late-filed third-party comments handled 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.

Late-filed third-party comments in inter partes reexamination are generally not considered. The MPEP 2666.05 provides clear guidance on this matter:

“If the third party requester comments are late, the comments will not be considered […] If the comments are filed late, they will be returned to the third party requester unless a petition under 37 CFR 1.183 has been granted.”

To have late-filed comments considered, the third party must file a petition under 37 CFR 1.183 to suspend the rules. Such petitions are granted only in extraordinary situations where justice requires.