What is the time limit for a third party requester to comment on a patent owner’s response in inter partes reexamination?
In inter partes reexamination, the third party requester must file comments on a patent owner’s response within a specific time frame. While the exact time limit is not explicitly stated in the provided MPEP section, it is generally 30 days from the date of service of the patent owner’s response.
This can be inferred from the following statement in MPEP 2666.20:
“Where a third party requester does not timely file written comments on a patent owner response, any subsequent submission of comments on that response will be refused consideration.”
Additionally, for incomplete responses that are later supplemented, the MPEP states:
“[T]he third party requester may file comments on the response once it is completed (by patent owner’s submission of a supplemental response), provided the comments are filed within 30 days from the date of service of the supplemental response.”
It’s crucial for third party requesters to adhere to this timeline to ensure their comments are considered in the reexamination process.
To learn more: