Can papers filed untimely in inter partes reexamination be considered later in the proceedings?
Yes, papers that were initially considered untimely and returned or expunged in inter partes reexamination can potentially be considered later in the proceedings. According to MPEP 2625: “If the submission of the returned/expunged papers is appropriate later in the proceedings, they may be filed, and accepted by the Office, at that time.” This provision allows…
Read MoreCan untimely papers returned or expunged during ex parte reexamination be resubmitted later?
Yes, untimely papers that were initially returned or expunged during the ex parte reexamination process can potentially be resubmitted later in the proceedings. MPEP 2225 provides guidance on this matter: “If the submission of the returned/expunged papers is appropriate later in the proceedings, they may be filed and accepted by the Office at that time.”…
Read MoreWhat legal precedents support the USPTO’s handling of untimely papers in ex parte reexamination?
The USPTO’s handling of untimely papers in ex parte reexamination is supported by several legal precedents. MPEP 2225 cites the following cases: Patlex Corp. v. Mossinghoff, 771 F.2d 480, 226 USPQ 985, 989 (Fed. Cir. 1985) In re Knight, 217 USPQ 294 (Comm’r Pat. 1982) In re Amp, 212 USPQ 826 (Comm’r Pat. 1981) These…
Read MoreHow are untimely papers handled in inter partes reexamination?
Untimely papers in inter partes reexamination are handled according to specific procedures outlined in MPEP 2625. The process is as follows: Papers filed prior to the first Office action that are not authorized will be returned without consideration. If such papers are inadvertently entered, they will be expunged from the record. A notification letter about…
Read MoreWhat happens to untimely papers filed before the decision on an ex parte reexamination request?
Untimely papers filed before the decision on an ex parte reexamination request are subject to specific handling procedures. According to MPEP 2225: “Any papers directed to the merits of the reexamination other than those under 37 CFR 1.501 or 1.555, or MPEP § 2282, filed prior to the decision on the request will be returned…
Read MoreHow 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 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 papers are allowed to be filed after a request for ex parte reexamination but before the decision on the request?
After filing a request for ex parte reexamination under 35 U.S.C. 302, only specific types of papers are allowed to be filed before the decision on the request. According to MPEP 2225, these include: Citations of patents or printed publications under 37 CFR 1.501 or 37 CFR 1.555 Another complete request under 37 CFR 1.510…
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