Can untimely papers returned or expunged during ex parte reexamination be resubmitted later?
Yes, untimely papers that were initially returned or expunged during the ex parte reexamination process can potentially be resubmitted later in the proceedings. MPEP 2225 provides guidance on this matter:
“If the submission of the returned/expunged papers is appropriate later in the proceedings, they may be filed and accepted by the Office at that time.”
This means that if the content of the previously untimely papers becomes relevant or appropriate at a later stage of the reexamination process, the sender may resubmit them, and the Office may then accept and consider these papers.
It’s important for patent practitioners and applicants to carefully consider the timing and relevance of their submissions throughout the reexamination process to ensure compliance with USPTO procedures and to maximize the effectiveness of their communications.
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