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 for the consideration of relevant information that may have been prematurely submitted. However, it’s important to note that:

• The initial submission will still be returned or expunged.
• The party would need to resubmit the papers at an appropriate time during the proceedings.
• The acceptance of the resubmitted papers is at the discretion of the Office.

This approach balances the need for orderly proceedings with the potential value of relevant submissions, ensuring that important information is not permanently excluded due to timing issues.

To learn more:

• untimely papers
• inter partes reexamination
• patent procedure
• USPTO regulations