What legal precedents support the USPTO’s handling of untimely papers in ex parte reexamination?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The USPTO’s handling of untimely papers in ex parte reexamination is supported by several legal precedents. MPEP 2225 cites the following cases:

• Patlex Corp. v. Mossinghoff, 771 F.2d 480, 226 USPQ 985, 989 (Fed. Cir. 1985)
• In re Knight, 217 USPQ 294 (Comm’r Pat. 1982)
• In re Amp, 212 USPQ 826 (Comm’r Pat. 1981)

These cases establish the legal foundation for the USPTO’s practices regarding the handling of papers filed before the decision on a reexamination request. They support the Office’s authority to return or expunge untimely papers and to limit the types of submissions accepted during this period to those specifically allowed by regulation.

Patent practitioners should be familiar with these precedents to understand the rationale behind the USPTO’s procedures and to ensure compliance with the rules governing ex parte reexamination.