Can a filing date be vacated after it has been assigned to an ex parte reexamination request?

Yes, a filing date can be vacated after it has been assigned to an ex parte reexamination request if non-compliance issues are discovered during the examiner’s review. The MPEP 2227 outlines this process: “If, in the process of reviewing the request, the examiner notes a non-compliance item not earlier recognized, the examiner will communicate with…

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Can the time limit for completing an incomplete ex parte reexamination request be extended?

The time limit for completing an incomplete ex parte reexamination request can be extended, but only under specific circumstances: Extensions may be granted for sufficient cause if requested in a timely manner. The request for extension must be filed within the original time period for completing the request. Extensions are granted at the discretion of…

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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…

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What happens if a requester fails to remedy defects in an ex parte reexamination request?

If a requester fails to remedy defects in an ex parte reexamination request after receiving a notice of non-compliance, the request will not be granted a filing date. The MPEP 2227 states: “If after receiving a ‘Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements,’ the requester does not remedy the defects…

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No more FAQs can be generated

All relevant information from MPEP 2227 – Incomplete Request for Ex Parte Reexamination Filed under 35 U.S.C. 302 has been covered in the previously generated FAQs. The section’s content has been exhaustively addressed, and no additional meaningful questions can be formulated without repetition. To learn more: ex parte reexamination incomplete request MPEP 2227

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