37 CFR § 1.540 — Consideration of responses inex (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.540 Consideration of responses inex
This page consolidates MPEP guidance interpreting 37 CFR § 1.540, including 12 rules 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.
Summary
This section outlines the consequences of untimely responses in ex parte reexamination proceedings, emphasizing the importance of timely filing and serving documents set forth in §1.530 or §1.535.
What this section covers
- The failure to timely file or serve documents set forth in §1.530 or §1.535 may result in their being refused consideration.
Key obligations
- Ensure timely filing and serving of documents set forth in §1.530 or §1.535 to avoid refusal of consideration.
- Provide proof of service for any paper required, or face potential denial of consideration.
- Adhere to procedural requirements for ex parte reexamination, as outlined in §1.540.
Practice notes
- Carefully track deadlines and ensure timely submission of all required documents to avoid refusal of consideration.
- Do not overlook the importance of timely responses and the potential consequences of non-compliance.
Official MPEP § 1.540 — Consideration of responses inex
Source: USPTOLast Modified: 10/30/2024 08:50:22
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.
[46 FR 29186, May 29, 1981, effective July 1, 1981; revised, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001]
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- Reexamination Request
| MPEP Section | Rules |
|---|---|
| MPEP § 2214 | |
| MPEP § 2252 | |
| MPEP § 2256 |