What is the time limit for third-party comments after a patent owner’s response in inter partes reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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.
In inter partes reexamination, third parties have a specific time frame to submit comments after the patent owner’s response. According to MPEP 2666.05:
“The third party requester comments must be filed “within 30 days from the date of service of the patent owner’s response.”
This 30-day period is strictly enforced, and late submissions will not be considered unless a petition for extension of time is granted.
Topics:
MPEP 2600 - Optional Inter Partes Reexamination
MPEP 2666.05 - Third Party Comments After Patent Owner Response
Patent Law
Patent Procedure