How are inappropriate or untimely papers handled in ex parte reexamination proceedings?

Inappropriate or untimely papers in ex parte reexamination proceedings are generally expunged from the official file. According to MPEP 2267, “Where papers are filed during reexamination proceedings which are inappropriate because of some defect, such papers will be expunged from the official file by marking the papers ‘closed’ and ‘non-public’.” If the paper has already…

Read More

What happens if a third party requester submits improper comments in inter partes reexamination?

If a third party requester submits improper comments in inter partes reexamination, the examiner will take specific actions. The MPEP states: “If the written comments are improper, the examiner should return the written comments (the entire paper) with an explanation of what is not proper; if the comments have been scanned into the Image File…

Read More

What is the process for expunging confidential information from patent term extension applications?

The process for expunging confidential information from patent term extension applications is outlined in MPEP 2760. The key points are: “Otherwise, if a suitable petition to expunge is filed before the issuance of the certificate, the trade secret or confidential information will be expunged from the file and returned to the patent term extension applicant.”…

Read More

What types of papers are typically expunged in reexamination proceedings?

Several types of papers are typically expunged in reexamination proceedings, including: Premature responses by patent owners (MPEP 2267) Papers submitted on behalf of third parties Untimely responses by requesters Additional responses by requesters after their participation has ended Third-party submissions that don’t meet specific criteria For example, the MPEP states: “Where the patent owner is…

Read More