What happens if a requester fails to complete an inter partes reexamination request within the specified time?
If a requester fails to complete an inter partes reexamination request within the specified time, the USPTO takes specific actions:
- The request is not granted.
- The incomplete request papers are placed in the patent file.
- The fee paid is refunded, with certain exceptions.
MPEP 2626 states:
“Where the request is not granted, the request papers will ordinarily be placed in the patent file, and the reexamination fee refunded (see MPEP § 2609) except for the $1,000 portion thereof that is not refundable.”
This policy ensures that incomplete requests do not unnecessarily delay the patent examination process while providing a fair refund policy for requesters.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2626 - Initial Processing Of Request For Inter Partes Reexamination,
Patent Law,
Patent Procedure