How does the USPTO handle an untimely or inappropriate comment from a third party requester in inter partes reexamination?
According to MPEP 2666.10, if a third party requester files an untimely or inappropriate comment, notice of appeal, or brief in an inter partes reexamination, the USPTO will refuse consideration of the paper. Specifically:
“If the third party requester files an untimely or inappropriate comment, notice of appeal or brief in an inter partes reexamination, the paper will be refused consideration.”
This policy ensures that the reexamination process adheres to the established timelines and procedures, maintaining the integrity of the proceedings.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2666.10 - Patent Owner Does Not Respond To Office Action,
Patent Law,
Patent Procedure