How are defective papers handled in reexamination proceedings?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. 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 owner which are unsigned or signed by fewer than all of the owners (no attorney of record or acting in representative capacity)” are retained but may be denied consideration. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Return of Inappropriate Papers Reduces Scanned Record MPEP 2267 Return of Inappropriate Papers Marked Non-Public MPEP 2267 Limit on Party Responses in Reexamination MPEP 2267 Required Extension of Time Petitions Must Be Denied MPEP 2267 Timely Received Correspondence Required MPEP 2267 Action Required on Timely Reexamination Paper MPEP 2267 Required Inappropriate Paper Cannot Be Physically Returned After Scanning MPEP 2267 Prohibited Further Responses to Third Party Opposition Not Considered MPEP 2267 Limit on Further Opposition Papers After Patent Owner Filing MPEP 2267 Limit on Party Iterations During Reexamination MPEP 2267 Required Other Related FAQs 5 FAQs Collapse What types of papers are typically expunged in reexamination proceedings? How are inappropriate or untimely papers handled in ex parte reexamination proceedings? How are late responses by requesters handled in reexamination proceedings? What happens to premature responses by patent owners in reexamination proceedings? How can I electronically file an ex parte reexamination request?