Patent bar Reexamination, supplemental examination and AIA trials question: ordered on a third party's request

Patent barReexamination, supplemental examination and AIA trials

Ex parte reexamination was ordered on a third party's request. The patent owner decides not to file a patent owner's statement. The third-party requester wants to file a reply explaining why the claims should be rejected. May it?

A No, because third parties never participate after the request
B No; the requester replies only to an owner statement
C Yes, at any time before the first Office action
D Yes, but only through an interview with the examiner
E Yes, within two months of the order

Show the answer and explanation

Answer: B. No; the requester replies only to an owner statement

Answer: No; the requester replies only to an owner statement. Under 35 U.S.C. 304 and 37 CFR 1.535, the patent owner may file a statement within two months of the order, and the requester may file a reply within two months of service of that statement. If the patent owner files no statement, the requester has no right to file a reply (MPEP 2249, 2251). Why not the others: - Within two months of the order: that period is for the patent owner's statement. - Before the first action: no such right exists. - Through an interview: requesters do not take part in interviews in ex parte reexamination. - Never participate: the requester can reply to a patent owner statement. Rule: The requester's only reply is to the patent owner's statement; no statement, no reply. Source: MPEP § 2249, § 2251 (9th ed., Rev. 01.2024); 35 U.S.C. 304; 37 CFR 1.530, 1.535; as at Oct 2026

Common mistake

Thinking the requester can comment whenever it likes.

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Original study material written from the MPEP; not a question from the current exam.Independent. Not affiliated with or endorsed by the USPTO. Verify figures and rules against current guidance before relying on them.