What types of papers are typically expunged in reexamination proceedings?

Several types of papers are typically expunged in reexamination proceedings, including:

• Premature responses by patent owners (MPEP 2267)
• Papers submitted on behalf of third parties
• Untimely responses by requesters
• Additional responses by requesters after their participation has ended
• Third-party submissions that don’t meet specific criteria

For example, the MPEP states: “Where the patent owner is NOT the requester, any response or amendment filed by owner prior to an order to reexamine is premature, will not be considered, and will be expunged.”

To learn more:

• ex parte reexamination
• expungement
• premature responses
• third-party submissions
• untimely responses