Can I submit inter partes reexamination requests or documents via fax or EFS-Web?

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.

The rules for submitting inter partes reexamination documents vary depending on the type of document:

• Requests for inter partes reexamination: Cannot be sent by facsimile transmission (FAX). As stated in the MPEP, A request for inter partes reexamination may not be sent by facsimile transmission (FAX). See 37 CFR 1.6(d)(5).
• Subsequent correspondence: May be FAXed to the Central Reexamination Unit at (571) 273-9900.
• EFS-Web submissions: As of July 9, 2007, the USPTO began accepting both requests for reexamination and “follow-on” papers via the EFS-Web system.

The MPEP notes: The Office has updated the Legal Framework for EFS-Web (available at www.uspto.gov/patents-application-process/filing-online/legal-framework-efs-web) to set forth that requests for reexamination, and reexamination “follow-on” papers are permitted to be submitted using EFS-Web.