What is the difference in handling non-responsive submissions before and after final rejection in patent reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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 handling of non-responsive submissions differs significantly before and after final rejection in patent reexamination: Before Final Rejection: Examiners may give the patent owner a new time period to supply an omission in a bona fide response. After Final Rejection: The practice of giving additional time does not apply. As stated in MPEP 2266.01 : “The practice of giving the patent owner a time period to supply an omission in a bona fide response does not apply after a final Office action.” Instead, an advisory Office action should be issued explaining the omission, and the time period set in the final rejection continues to run. Amendments after final rejection are only approved for entry if they place the proceeding in condition for issuance of a reexamination certificate or in better form for appeal. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Bona Fide Response Not Fully Responsive to Non-Final Office Action Allowed MPEP 2266.01 Permitted Patent Owner Submission Not Fully Responsive to Non-Final Office Action in Reexamination MPEP 2266.01 Recommended No Time Extension After Final Rejection MPEP 2266.01 Advisory Office Action and Form PTOL-467 After Final Rejection MPEP 2266.01 Recommended Examiner Must Issue Advisory Office Action for Omission in Bona Fide Response MPEP 2266.01 Recommended Omission After Final Rejection Must Not Be Noticed MPEP 2266.01 Recommended Patent Owner May Not File for Third Party in Ex Parte Reexamination MPEP 2266 Prohibited Time for Patent Owner Action in Ex Parte Reexamination Cannot Be Extended Beyond Two Months Without Sufficient Cause MPEP 2266 Amendments Must Place Proceeding in Condition for Issuance of Certificate o...