Is proof of service required for documents filed in ex parte reexamination?
Yes, proof of service is required for certain documents filed in ex parte reexamination. MPEP 2252 states: “Any paper for which proof of service is required, which is filed without proof of service, may be denied consideration.” If proof of service is missing, the Central Reexamination Unit may inquire with the sender to verify if…
Read MoreHow should proof of service be provided in inter partes reexamination proceedings?
Proof of service in inter partes reexamination proceedings must be provided through a certificate of service. The MPEP 2666.06 states: “As proof of service, the party submitting the paper to the Office must attach a certificate of service to the paper. It is required that the certificate of service set forth the name and address…
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 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 happens if a submission of prior art or Section 301 written statements lacks proper proof of service?
If a person other than the patent owner submits prior art or Section 301 written statements without proper proof of service, the submission will not be entered into the patent file. The MPEP clearly states: “A submission by a person other than the patent owner that fails to include proper proof of service as required…
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