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.
In ex parte reexamination, the third party requester must serve a copy of their reply on the patent owner. MPEP 2251 states:
“Any reply by the ex parte requester must be served upon the patent owner in accordance with § 1.248.”
Additionally, the MPEP directs readers to MPEP § 2266.03 for further details on service requirements: “See MPEP § 2266.03 for further discussion as to the third party requester providing service on the patent owner.”
This service requirement ensures that the patent owner is informed of the requester’s reply and can respond appropriately in the reexamination proceeding.