What are the consequences of not filing a respondent brief in inter partes reexamination?

The MPEP 2675.01 outlines the consequences of not filing a respondent brief in inter partes reexamination:

“If no respondent brief is filed, the reexamination will proceed to the Board for decision based upon the appellant’s brief and the examiner’s answer.”

This means that:

• The absence of a respondent brief does not halt the reexamination process
• The Board will make its decision based solely on the appellant’s brief and the examiner’s answer
• The non-responding party loses the opportunity to present counter-arguments or additional perspectives

It’s important to note that while filing a respondent brief is optional, it can be a crucial opportunity to address arguments raised by the appellant and potentially influence the Board’s decision. Parties should carefully consider the potential impact of not filing a respondent brief on their case.

To learn more:

• respondent brief
• consequences
• inter partes reexamination
• patent appeal