What happens to unauthorized or improper papers filed in a supplemental examination proceeding?
According to MPEP 2813, unauthorized or improper papers filed in a supplemental examination proceeding are not entered into the official file or considered. If such papers are inadvertently entered, they will be expunged. Specifically, 37 CFR 1.620(c) states: “if an unauthorized or otherwise improper paper is filed in a supplemental examination proceeding, it will not…
Read MoreWhat happens to unauthorized papers filed during inter partes reexamination?
According to MPEP 2667, unauthorized papers filed during inter partes reexamination will not be considered and may be returned. As stated in the MPEP: “If an unauthorized paper is filed by any party at any time during the inter partes reexamination proceeding it will not be considered and may be returned.” If the paper has…
Read MoreWhat happens if I request an interview during supplemental examination?
If you request an interview during a supplemental examination proceeding, your request will be considered unauthorized and will not be granted. The MPEP states: “Any paper requesting an interview that is filed in a supplemental examination proceeding is an unauthorized paper, and will be expunged from the file if inadvertently entered.” This means that even…
Read MoreWhat happens if a patent owner submits an improper notification during supplemental examination?
If a patent owner submits an improper notification during supplemental examination, the USPTO will treat it as an unauthorized paper. According to MPEP 2820: “If the paper containing the notice is not so limited, the paper will be held to be improper, and will be processed as an unauthorized paper pursuant to 37 CFR 1.620(c).“…
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