MPEP § 2252 — Consideration of Statement and Reply (Annotated Rules)
§2252 Consideration of Statement and Reply
This page consolidates and annotates all enforceable requirements under MPEP § 2252, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Consideration of Statement and Reply
This section addresses Consideration of Statement and Reply. Primary authority: 35 U.S.C. 2267, 37 CFR 1.530, and 37 CFR 1.535. Contains: 1 requirement, 1 guidance statement, 2 permissions, and 5 other statements.
Key Rules
Ex Parte Reexamination
Although 37 CFR 1.540 would appear to be discretionary in stating that late responses “may result in their being refused consideration,” patent owners and requesters can expect consideration to be refused if the statement and/or reply is not timely filed. 37 CFR 1.540 restricts the number and kind of submissions to be considered prior to examination to those expressly provided for in 37 CFR 1.530 and 37 CFR 1.535. 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.
Although 37 CFR 1.540 would appear to be discretionary in stating that late responses “may result in their being refused consideration,” patent owners and requesters can expect consideration to be refused if the statement and/or reply is not timely filed. 37 CFR 1.540 restricts the number and kind of submissions to be considered prior to examination to those expressly provided for in 37 CFR 1.530 and 37 CFR 1.535. 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.
Although 37 CFR 1.540 would appear to be discretionary in stating that late responses “may result in their being refused consideration,” patent owners and requesters can expect consideration to be refused if the statement and/or reply is not timely filed. 37 CFR 1.540 restricts the number and kind of submissions to be considered prior to examination to those expressly provided for in 37 CFR 1.530 and 37 CFR 1.535. 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.
Any paper for which proof of service is required, which is filed without proof of service, may be denied consideration. Where no proof of service is included, inquiry should be made of the sender by the Central Reexamination Unit as to whether service was in fact made. If no service was made, the paper is placed in the reexamination file but is not considered. See MPEP § 2266.03 and § 2267.
Any paper for which proof of service is required, which is filed without proof of service, may be denied consideration. Where no proof of service is included, inquiry should be made of the sender by the Central Reexamination Unit as to whether service was in fact made. If no service was made, the paper is placed in the reexamination file but is not considered. See MPEP § 2266.03 and § 2267.
Patent Owner Statement
The failure to timely file or serve the documents set forth in § 1.530 or in § 1.535 may result in their being refused consideration. No submissions other than the statement pursuant to § 1.530 and the reply by the ex parte reexamination requester pursuant to § 1.535 will be considered prior to examination.
The failure to timely file or serve the documents set forth in § 1.530 or in § 1.535 may result in their being refused consideration. No submissions other than the statement pursuant to § 1.530 and the reply by the ex parte reexamination requester pursuant to § 1.535 will be considered prior to examination.
Although 37 CFR 1.540 would appear to be discretionary in stating that late responses “may result in their being refused consideration,” patent owners and requesters can expect consideration to be refused if the statement and/or reply is not timely filed. 37 CFR 1.540 restricts the number and kind of submissions to be considered prior to examination to those expressly provided for in 37 CFR 1.530 and 37 CFR 1.535. 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.
Central Reexamination Unit Processing
Any paper for which proof of service is required, which is filed without proof of service, may be denied consideration. Where no proof of service is included, inquiry should be made of the sender by the Central Reexamination Unit as to whether service was in fact made. If no service was made, the paper is placed in the reexamination file but is not considered. See MPEP § 2266.03 and § 2267.
Citations
| Primary topic | Citation |
|---|---|
| Central Reexamination Unit Processing Ex Parte Reexamination | 35 U.S.C. § 2267 |
| Ex Parte Reexamination Patent Owner Statement | 37 CFR § 1.530 |
| Ex Parte Reexamination Patent Owner Statement | 37 CFR § 1.535 |
| Ex Parte Reexamination Patent Owner Statement | 37 CFR § 1.540 |
| Central Reexamination Unit Processing Ex Parte Reexamination | MPEP § 2266.03 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2252 — Consideration of Statement and Reply
Source: USPTO2252 Consideration of Statement and Reply [R-11.2013 ]
37 CFR 1.540 Consideration of responses in ex parte reexamination.
The failure to timely file or serve the documents set forth in § 1.530 or in § 1.535 may result in their being refused consideration. No submissions other than the statement pursuant to § 1.530 and the reply by the ex parte reexamination requester pursuant to § 1.535 will be considered prior to examination.
Although 37 CFR 1.540 would appear to be discretionary in stating that late responses “may result in their being refused consideration,” patent owners and requesters can expect consideration to be refused if the statement and/or reply is not timely filed. 37 CFR 1.540 restricts the number and kind of submissions to be considered prior to examination to those expressly provided for in 37 CFR 1.530 and 37 CFR 1.535. 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.
Any paper for which proof of service is required, which is filed without proof of service, may be denied consideration. Where no proof of service is included, inquiry should be made of the sender by the Central Reexamination Unit as to whether service was in fact made. If no service was made, the paper is placed in the reexamination file but is not considered. See MPEP § 2266.03 and § 2267.