What happens to untimely papers filed before the decision on an ex parte reexamination request?
Untimely papers filed before the decision on an ex parte reexamination request are subject to specific handling procedures. According to MPEP 2225:
“Any papers directed to the merits of the reexamination other than those under 37 CFR 1.501 or 1.555, or MPEP § 2282, filed prior to the decision on the request will be returned to the sender by the Central Reexamination Unit or Technology Center Director without consideration. If the papers are entered prior to discovery of the impropriety, such papers will be expunged from the record.”
The MPEP further clarifies that a copy of the letter notifying the sender of the returned papers or expungement will be made of record in the patent file. However, the Office will not retain a copy of the returned or expunged papers themselves.
It’s important to note that if the submission of these papers becomes appropriate later in the proceedings, they may be filed and accepted by the Office at that time.
To learn more: