What is the “Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements”?

The “Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements” is a formal notification sent to the requester when their ex parte reexamination request fails to meet one or more filing date requirements. According to MPEP 2227:

“Form PTOL-2077, ‘Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements,’ is used to provide the notification for ex parte reexamination.”

This notice informs the requester of the specific deficiencies in their request and provides an opportunity to correct these issues, typically within 30 days. If an explanation is needed for a non-compliance item, an attachment will be included with the notice to explain why the request does not comply.

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Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2227 - Incomplete Request For Ex Parte Reexamination Filed Under 35 U.S.C. 302, Patent Law, Patent Procedure
Tags: ex parte reexamination, filing requirements, Notice Of Failure To Comply, patent procedure