How are properly filed submissions under 37 CFR 1.565(a) handled in ex parte reexamination?

When a submission is properly filed under 37 CFR 1.565(a) in an ex parte reexamination proceeding, the USPTO has a specific process for handling it. According to the MPEP:

“Any proper submission pursuant to 37 CFR 1.565(a) will be promptly entered into the record of the reexamination file, and will be considered by the examiner as to its content, when the proceeding comes up for action on the merits.”

This means that:

• The submission is entered into the reexamination file record
• The examiner will consider the content of the submission
• Consideration occurs when the proceeding is next up for action on the merits

For example, if a patent owner properly files an enterable paper from the discovery stage of litigation involving the patent under reexamination, that paper would be entered into the file and considered by the examiner during the next substantive review of the case.

To learn more:

• ex parte reexamination
• 37 CFR 1.565(a)
• USPTO submissions
• patent examination
• reexamination procedure