What is the time period for correcting defective papers in ex parte reexamination?
When an examiner issues a notice of defective paper in ex parte reexamination, a time period is set for correction. According to MPEP 2266.02: “A time period from the mailing date of the notice will be set in the appropriate form (PTOL-475 or PTO-2311) for correction of the defect(s). Extension of time to correct the…
Read MoreHow does an examiner notify parties of defective papers in ex parte reexamination?
In ex parte reexamination, examiners use specific forms to notify parties of defective papers: Form PTOL-475: Used for third-party requested ex parte reexaminations Form PTO-2311: Used for patent owner requested ex parte reexaminations (including reexaminations ordered under 35 U.S.C. 257) or Director ordered ex parte reexaminations The MPEP states: “Where a submission made prior to…
Read MoreHow are defective responses handled after final rejection in ex parte reexamination?
The handling of defective responses after final rejection in ex parte reexamination differs from those filed before final rejection. According to MPEP 2266.02: “If a defective (informal) response to an examiner’s action is filed after final rejection (before the expiration of the permissible response period), the examiner should not issue a form PTOL-475 or form…
Read MoreWhat constitutes a defective paper in ex parte reexamination?
A defective paper in ex parte reexamination, also known as an “informal submission,” can have various defects even if the substance is complete. The MPEP 2266.02 lists several examples of defects: Lack of proof of service Unsigned paper Paper signed by a non-practitioner who is not of record Patent owner’s amendment not complying with 37…
Read MoreWhat are the consequences of failing to correct defective papers in ex parte reexamination?
Failing to correct defective papers in ex parte reexamination can have serious consequences. According to MPEP 2266.02: “If, in response to the notice, the defect still is not corrected, the submission will not be entered. If the failure to comply with the notice results in a patent owner failure to file a timely and appropriate…
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