What happens to untimely submissions in ex parte reexamination?
Untimely submissions in ex parte reexamination are generally not considered and may be returned to the sender. MPEP 2252 states: “Untimely submissions will ordinarily not be considered. Untimely submissions, other than untimely papers filed by the patent owner after the period set for response, will not be placed of record in the reexamination file but will be returned to the sender.” However, there is an exception for untimely papers filed by the patent owner after the response period, which may be placed in the file but not considered.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2252 - Consideration Of Statement And Reply,
Patent Law,
Patent Procedure