What types of papers are typically expunged in reexamination proceedings?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. 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.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Return of Inappropriate Papers Reduces Scanned Record MPEP 2267 Further Responses to Third Party Opposition Not Considered MPEP 2267 Return of Inappropriate Papers Marked Non-Public MPEP 2267 Limit on Party Responses in Reexamination MPEP 2267 Required Third-Party Submissions Must Be Timely Filed MPEP 1134.01 Limit on Further Opposition Papers After Patent Owner Filing MPEP 2267 Extension of Time Petitions Must Be Denied MPEP 2267 Timely Received Correspondence Required MPEP 2267 Action Required on Timely Reexamination Paper MPEP 2267 Required Inappropriate Paper Cannot Be Physically Returned After Scanning MPEP 2267 Prohibited Other Related FAQs 5 FAQs Collapse How are defective papers handled in reexamination proceedings? How are inappropriate or untimely papers handled in ex parte reexamination proceedings? How are late responses by requesters handled in reexamination proceedings? What happens to premature responses by patent owners in reexamination proceedings? How can I electronically file an ex parte reexamination request?