How are defective papers handled in reexamination proceedings?
Defective papers in reexamination proceedings are generally retained in the reexamination file, but may be denied consideration. According to MPEP 2267, some types of defective papers include:
- Unsigned papers or papers signed by fewer than all owners
- Papers without required proof of service
- Untimely papers filed after the response period
For example, “Papers filed by owner which are unsigned or signed by fewer than all of the owners (no attorney of record or acting in representative capacity)” are retained but may be denied consideration.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2267 - Handling Of Inappropriate Or Untimely Filed Papers,
Patent Law,
Patent Procedure