What happens to premature responses by patent owners in reexamination proceedings?
Premature responses by patent owners in reexamination proceedings are not considered and are expunged from the file. According to MPEP 2267:
“Where the patent owner is NOT the requester, any response or amendment filed by owner prior to an order to reexamine is premature, will not be considered, and will be expunged.”
This rule is based on 37 CFR 1.530(a) and 37 CFR 1.540, which govern the timing of patent owner responses in reexamination proceedings.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2267 - Handling Of Inappropriate Or Untimely Filed Papers,
Patent Law,
Patent Procedure