What are ‘inter partes questions’ in patent examination?
‘Inter partes questions’ in patent examination refer to issues or matters that involve multiple parties or have the potential to affect multiple parties’ interests. These questions typically arise in proceedings where there are opposing parties, such as in patent interferences or inter partes reexaminations.
The MPEP 713.06 prohibits examiners from discussing such questions ex parte:
The examiner may not discuss inter partes questions ex parte with any of the interested parties.
This ensures that all parties have equal access to information and prevents any unfair advantages in the examination process.
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