How long do parties have to correct defects in inter partes reexamination submissions?
Parties typically have one month or thirty days, whichever is longer, from the mailing date of the form PTOL-2069 or equivalent letter to correct defects in their submissions. The MPEP 2666.50 states: “A time period of one month or thirty days, whichever is longer, from the mailing date of the form PTOL-2069 or equivalent letter…
Read MoreWhat happens if a request for supplemental examination fails to comply with 37 CFR 1.610?
If a request for supplemental examination fails to comply with 37 CFR 1.610, the following process occurs: The Office will notify the patent owner of any defects in the request. The patent owner is given a non-extendable period of 30 days to correct the defects. If the defects are not corrected within the 30-day period,…
Read MoreWhat happens if defects in inter partes reexamination submissions are not corrected?
If defects in inter partes reexamination submissions are not corrected in response to the notice, the submission will not be entered. For patent owners, failure to file a timely and appropriate response may result in termination or limitation of the reexamination proceeding. According to the MPEP 2666.50: “If, in response to the notice, the defect…
Read MoreWhat happens if an applicant fails to correct defects in a PCT Demand?
If an applicant fails to correct defects in a PCT Demand within the specified time limit, the demand is considered as if it had not been submitted. This is clearly stated in MPEP 1868, which cites PCT Rule 60.1(c): “If the applicant does not comply with the invitation within the time limit under paragraph (a),…
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