What are common defects in inter partes reexamination submissions?
Common defects in inter partes reexamination submissions include:
- Lack of proof of service
- Unsigned paper
- Paper signed by a person not of record
- Amendment not complying with 37 CFR 1.530(d)-(j)
- Amendment not complying with 37 CFR 1.20(c)(3) and/or (c)(4)
The MPEP 2666.50 states: “Defects in the submission can be, for example: (A) The paper filed does not include proof of service; (B) The paper filed is unsigned; (C) The paper filed is signed by a person who is not of record; (D) The amendment filed by the patent owner does not comply with 37 CFR 1.530(d) – (j); or (E) The amendment filed by the patent owner does not comply with 37 CFR 1.20(c)(3) and/or (c)(4).”
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2666.50 - Examiner Issues Notice Of Defective Paper In Inter Partes Reexamination,
Patent Law,
Patent Procedure