What types of third-party submissions are accepted during inter partes reexamination?
During an inter partes reexamination proceeding, the USPTO generally does not enter third-party submissions filed after the date of the order into the reexamination file or patent file, unless the third party is a reexamination requester. However, MPEP 2686 states:
“[T]he Office will, at any time, accept from any parties, for entry into the reexamination file, copies of notices of suits and other proceedings involving the patent and copies of decisions or papers filed in the court from litigations or other proceedings involving the patent.”
Acceptable submissions include final court decisions (even if appealable), decisions to vacate, decisions to remand, and decisions on the merits of patent claims. Non-merit decisions and argumentative papers are not accepted and may be expunged if entered.
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