What are the service requirements for a patent owner’s statement in ex parte reexamination?
In ex parte reexamination, the patent owner must serve their statement on the requester if the reexamination was requested by a third party. MPEP 2249 states: “A copy of the statement must be served by the patent owner on the requester, unless the request was filed by the patent owner.” Failure to provide proof of service can lead to complications in the reexamination process. The Central Reexamination Unit may contact the patent owner or requester to verify service if proof is not provided. It’s important to note that the requester’s reply period is based on the owner’s service date, not the date the statement was received by the Office.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2249 - Patent Owner'S Statement In Reexaminations Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure