Can I submit an ex parte reexamination request by fax?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
No, you cannot submit an ex parte reexamination request by fax. The MPEP clearly states:
“A request for ex parte reexamination may not be sent by facsimile transmission (FAX). See 37 CFR 1.6(d)(5).”
This prohibition also applies to corrected or completed requests sent in response to a notice of non-compliance. However, subsequent correspondence in ex parte reexamination proceedings can be faxed to the Central Reexamination Unit at (571) 273-9900.
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents
MPEP 2224 - Correspondence
Patent Law
Patent Procedure