How are inappropriate or untimely papers handled in ex parte reexamination proceedings?

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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. 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 been scanned into the Image File Wrapper (IFW), it will be “returned” by expunging it, which means marking it as “non-public” and “closed” so that it doesn’t appear in the active IFW record. 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 Inappropriate Paper Cannot Be Physically Returned After Scanning MPEP 2267 Prohibited Limit on Party Iterations During Reexamination MPEP 2267 Required Petition for Reexamination Must Be Forwarded to Office of Patent Legal Administration MPEP 2267 Recommended Timely Received Correspondence Required MPEP 2267 Action Required on Timely Reexamination Paper MPEP 2267 Required Further Responses to Third Party Opposition Not Considered MPEP 2267 Limit on Party Responses in Reexamination MPEP 2267 Required Limit on Further Opposition Papers After Patent Owner Filing MPEP 2267 Other Related FAQs 5 FAQs Collapse What types of papers are typically expunged in reexamination proceedings? How are defective papers handled in 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 reexa...