What happens if an ex parte reexamination request is incomplete?

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.

If an ex parte reexamination request is incomplete, the following occurs:

• The Office will notify the requester of the defects in the request.
• The requester is given 30 days or one month (whichever is longer) to complete the request.
• If the request is not completed within the time limit, it may be treated as a non-filing.

As stated in MPEP 2227: “If the request… does not contain all the items required by 37 CFR 1.510, the person identified as requesting reexamination will be so notified and will generally be given an opportunity to complete the formal requirements of the request within a specified time.”