How does the USPTO communicate defective papers in ex parte reexamination?
The USPTO uses specific forms to communicate defective papers in ex parte reexamination, depending on who requested the reexamination. According to MPEP 2296, there are two forms for this purpose: PTOL-475: Notice of Defective Paper In Ex Parte Reexamination – Third Party Requested PTO-2311: Notice of Defective Paper in Ex Parte Reexamination – Patent Owner…
Read MoreWhat 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 are defective papers handled in reexamination proceedings?
Defective papers in reexamination proceedings are generally retained in the reexamination file, but may be denied consideration. According to MPEP 2267, some types of defective papers include: Unsigned papers or papers signed by fewer than all owners Papers without required proof of service Untimely papers filed after the response period For example, “Papers filed by…
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 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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