How are premature comments by third party requesters handled in inter partes reexamination?
Premature comments by third party requesters in inter partes reexamination are not considered and will be expunged. According to MPEP 2667:
“Any comments filed by a third party requester subsequent to the request for reexamination (i.e., not part of it) and prior to the first Office action is premature and will not be considered, and will be expunged.”
This is based on 37 CFR 1.939. Similarly, comments filed where the patent owner has not responded to an outstanding Office action are also considered premature and will be expunged.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2667 - Handling Of Inappropriate Or Untimely Filed Papers,
Patent Law,
Patent Procedure