Can untimely papers returned or expunged during ex parte reexamination be resubmitted later?
Yes, untimely papers that were initially returned or expunged during the ex parte reexamination process can potentially be resubmitted later in the proceedings. MPEP 2225 provides guidance on this matter: “If the submission of the returned/expunged papers is appropriate later in the proceedings, they may be filed and accepted by the Office at that time.”…
Read MoreWhat legal precedents support the USPTO’s handling of untimely papers in ex parte reexamination?
The USPTO’s handling of untimely papers in ex parte reexamination is supported by several legal precedents. MPEP 2225 cites the following cases: Patlex Corp. v. Mossinghoff, 771 F.2d 480, 226 USPQ 985, 989 (Fed. Cir. 1985) In re Knight, 217 USPQ 294 (Comm’r Pat. 1982) In re Amp, 212 USPQ 826 (Comm’r Pat. 1981) These…
Read MoreWhat happens to untimely papers filed before the decision on an ex parte reexamination request?
Untimely papers filed before the decision on an ex parte reexamination request are subject to specific handling procedures. According to MPEP 2225: “Any papers directed to the merits of the reexamination other than those under 37 CFR 1.501 or 1.555, or MPEP § 2282, filed prior to the decision on the request will be returned…
Read MoreWhat papers are allowed to be filed after a request for ex parte reexamination but before the decision on the request?
After filing a request for ex parte reexamination under 35 U.S.C. 302, only specific types of papers are allowed to be filed before the decision on the request. According to MPEP 2225, these include: Citations of patents or printed publications under 37 CFR 1.501 or 37 CFR 1.555 Another complete request under 37 CFR 1.510…
Read More