What happens if a patent owner fails to respond in an ex parte reexamination?
If a patent owner fails to respond to an Office action or interview statement in an ex parte reexamination, there are serious consequences. According to 37 CFR 1.550(d):
“If the patent owner fails to file a timely and appropriate response to any Office action or any written statement of an interview required under § 1.560(b), the prosecution in the ex parte reexamination proceeding will be a terminated prosecution, and the Director will proceed to issue and publish a certificate concluding the reexamination proceeding under § 1.570 in accordance with the last action of the Office.”
However, the patent owner may have the option to revive the terminated prosecution. The MPEP states that “a petition may be filed pursuant to § 1.137 to revive a reexamination prosecution terminated under paragraph (d) of this section if the delay in response was unintentional.”
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