What are the consequences of not filing a respondent brief 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.

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.