What are the service requirements for inter partes reexamination proceedings?
In inter partes reexamination proceedings, service of papers is governed by 37 CFR 1.903. The key requirements are:
- Any document filed by either the patent owner or the third party requester must be served on every other party in the reexamination proceeding.
- Service must be done in the manner provided in 37 CFR 1.248.
- Documents must reflect service, or they may be refused consideration by the Office.
The MPEP states: “Any paper filed with the Office, i.e., any submission made, by either the patent owner or the third party requester must be served on every other party in the reexamination proceeding including any other third party requester that is part of the proceeding due to merger of reexamination proceedings.”
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2666.06 - Service Of Papers,
Patent Law,
Patent Procedure