What happens to 37 CFR 1.501 submissions after an order for reexamination?
When a proper submission under 37 CFR 1.501 is filed after an order for reexamination, it is not immediately entered into the patent file. The MPEP states:
“If a proper submission is filed after the date of an order for reexamination, the submission will be stored until the reexamination is concluded.“
After the reexamination proceeding is concluded, the submission is then entered into the patent file. It’s important to note that submissions filed after the date of an order for reexamination will not be considered by the examiner during the reexamination.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2206 - Submission And Handling Of Prior Art Or Section 301 Written Statements,
Patent Law,
Patent Procedure