What are the requirements for a third-party requester’s reply in ex parte reexamination?

According to MPEP 2254, a third-party requester has specific requirements for filing a reply in ex parte reexamination:

• The reply must be filed within two months of the date of service of the patent owner’s statement.
• The reply is limited to issues raised in the patent owner’s statement.
• No new prior art may be introduced in the reply.

The MPEP states: “The third party requester’s reply may not present any additional prior art patents or printed publications and may not go beyond the issues raised in the patent owner’s statement.”

It’s important to note that if the patent owner does not file a statement, the third-party requester is not entitled to file a reply.

To learn more:

• ex parte reexamination
• third-party requester
• reply requirements
• patent procedure