2613 Representative of Requester
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(c) If an inter partes request is filed by an attorney or agent identifying another party on whose behalf the request is being filed, the attorney or agent must have a power of attorney from that party or be acting in a representative capacity pursuant to § 1.34.
2623 Withdrawal of Attorney or Agent
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For a practitioner to withdraw from a patent and/or reexamination proceeding, the Office no longer requires that there be at least 30 days remaining in any running period for response between the approval of a request to withdraw from representation and the expiration date of any running period for response.
- Instead, the Office requires the practitioner(s) to certify that he, she or they have:
- (1) given reasonable notice to the client, prior to the expiration of the response period, that the practitioner(s) intends to withdraw from employment;
- (2) delivered to the client or a duly authorized representative of the client all papers and property (including funds) to which the client is entitled; and
- (3) notified the client of any responses that may be due and the time frame within which the client must respond.
- “Reasonable notice” would allow a reasonable amount of time for the client to seek the services of another practitioner prior to the expiration of any applicable response period.
- “Reasonable notice” would allow a reasonable amount of time for the client to seek the services of another practitioner prior to the expiration of any applicable response period.
2624 Correspondence
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A request for inter partes reexamination may not be sent by facsimile transmission (FAX).
- After the filing of the request for inter partes reexamination, any letters sent to the Office relating to the reexamination proceeding should identify the proceeding by the number of the patent undergoing reexamination, the reexamination request control number assigned, the name of the examiner, and the examiner’s Art Unit.
The certificate of mailing and transmission procedures may be used to file any paper in an inter partes reexamination proceeding, except for a request for reexamination and a corrected/replacement request for reexamination.
The “Express Mail” mailing procedure may be used to file any paper in an inter partes reexamination proceeding.
Communications from the Office to the patent owner will be directed to the correspondence address for the patent being reexamined.
Amendments and other papers filed on behalf of patent owners must be signed by the patent owners, or the registered attorney or agent of record in the patent file, or any registered attorney or agent acting in a representative capacity.
2625 Untimely Paper Filed Prior to First Office Action
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(a) If an unauthorized paper is filed by any party at any time during the inter partes reexamination proceeding it will not be considered and may be returned.
(b) Unless otherwise authorized, no paper shall be filed prior to the initial Office action on the merits of the inter partes reexamination.
Citations by the patent owner in accordance with § 1.933 and by an inter partes reexamination third party requester under § 1.915 or § 1.948 will be entered in the inter partes reexamination file. The entry in the patent file of other citations submitted after the date of an order for reexamination pursuant to § 1.931 by persons other than the patent owner, or the third party requester under either § 1.913 or § 1.948, will be delayed until the inter partes reexamination proceeding has been concluded by the issuance and publication of a reexamination certificate. See § 1.502 for processing of prior art citations in patent and reexamination files during an ex parte reexamination proceeding filed under § 1.510.
After filing of a request for inter partes reexamination, no papers directed to the merits of the reexamination other than:
- citations of patents or printed publications,
- another complete request, or
- notifications pursuant to MPEP § 2686, should be filed with the Office prior to the date of the first Office action in the reexamination proceeding.
