What happens if a patent owner fails to respond timely to an Office action in reexamination?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. If a patent owner fails to file a timely and appropriate response to an Office action in a reexamination proceeding, the consequences can be severe. According to the MPEP: “ If the patent owner fails to file a timely and appropriate response to any Office action, the prosecution of the reexamination proceeding will be terminated, unless the response is ‘not fully responsive’ as defined in MPEP § 2266.01 or is an ‘informal submission’ as defined in MPEP § 2266.02. “ After termination of prosecution, the Director will proceed to issue and publish a reexamination certificate. This underscores the importance of timely and proper responses in reexamination proceedings. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Time for Patent Owner Action in Ex Parte Reexamination Cannot Be Extended Beyond Two Months Without Sufficient Cause MPEP 2266 Patent Owner May Not File for Third Party in Ex Parte Reexamination MPEP 2266 Prohibited Ex Parte Reexamination Proceedings Conducted with Special Dispatch MPEP 2266 Ex Parte Reexamination Examination Conducted According to Specific Sections MPEP 2266 Ex Parte Reexamination Examination Conducted According to Specific Sections MPEP 2266 Patent Owner Must Serve Response to Reexamination Requester MPEP 2266 Timely Response Required for Ex Parte Reexamination MPEP 2266 Required Provisions for Patent Owner Responses in Reexamination MPEP 2266 Patent Owner Must Serve Response to Third Party MPEP 2266 Required 2 Months to Respond to Office Action MPEP 2266 Other Related FAQs 5 FAQs Collapse Can an Application Data Sheet (ADS) be submitted in a reexamination proceeding? What are the rules for responding to Office actions in ex parte reexa...