What types of third party submissions are allowed in inter partes reexamination?
In inter partes reexamination, third parties other than the requester are generally not allowed to make submissions. However, there are two exceptions, as stated in MPEP 2667:
- A 37 CFR 1.501 art citation limited to patents and printed publications, along with an explanation of their relevance.
- Bare notice of suits and other proceedings involving the patent, which may include copies of decisions or court papers.
The MPEP specifies: “Such submissions must be without additional comment and cannot include further arguments or information.” Any submissions that go beyond these limitations will be expunged or destroyed.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2667 - Handling Of Inappropriate Or Untimely Filed Papers,
Patent Law,
Patent Procedure