What is the timeline for patent owner response completion and third party comments in inter partes reexamination?
In inter partes reexamination, the patent owner typically has 30 days or one month (whichever is longer) to complete their response. After the patent owner completes the response, the examiner waits two months before taking action. This allows time for third party requester comments, which are due within 30 days of the date of service of the completed response.
As stated in MPEP 2666.40:
After the owner completes the response, the examiner will wait two months from the date of service of the patent owner’s completion of the response, and then take up the case for action, since the 30 days for the third party requester comments on the response as completed will have expired by that time.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2666.40 - Patent Owner Completion Of Response And Third Party Comments Thereon,
Patent Law,
Patent Procedure