What rights does the requester have when a patent owner corrects an omission in their response?
When a patent owner corrects an omission in their response, the requester in an inter partes reexamination has certain rights. According to MPEP 2666.30:
“In this situation, the requester has thirty days from the date of service of patent owner’s corrected or supplemental response to file comments, unless only a fee (other than an excess claims fee to support an amendment) is needed to complete the response.”
This means that the requester is given an opportunity to comment on the patent owner’s corrected or supplemental response. However, if the only correction needed was the payment of a fee (excluding excess claims fees), the requester does not get this additional comment period.
For more detailed information on requester comments, refer to MPEP § 2666.40.
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