What are the time limits for third party requester comments in inter partes reexamination?
According to 37 CFR 1.947, a third party requester may file written comments within 30 days from the date of service of the patent owner’s response to an Office action. The MPEP states:
“The third party requester comments must be filed within a period of 30 days from the date of service of the patent owner’s response on the third party requester. The date that the Office receives the patent owner’s response has no bearing on the time period for which the third party requester must file the comments.”
It’s important to note that this 30-day period cannot be extended, and comments filed after this period will not be considered.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2666.05 - Third Party Comments After Patent Owner Response,
Patent Law,
Patent Procedure