What happens if a requester fails to remedy defects in an ex parte reexamination request?
If a requester fails to remedy defects in an ex parte reexamination request after receiving a notice of non-compliance, the request will not be granted a filing date. The MPEP 2227 states:
“If after receiving a ‘Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements,’ the requester does not remedy the defects in the request papers that are pointed out, then the request papers will not be given a filing date, but the assigned control number will be retained.”
In most cases, the requester is given only one opportunity to correct the non-compliance. If the response does not cure all identified defects or introduces new ones, the request will not be granted a filing date. In such cases, a “Notice of Termination of Preprocessing of Ex Parte Reexamination Request” (form PTOL-2079) will be issued, identifying the uncorrected defects.
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