How are untimely papers handled in inter partes reexamination?

Untimely papers in inter partes reexamination are handled according to specific procedures outlined in MPEP 2625. The process is as follows:

• Papers filed prior to the first Office action that are not authorized will be returned without consideration.
• If such papers are inadvertently entered, they will be expunged from the record.
• A notification letter about the returned or expunged papers will be made of record in the patent file.
• The Office will not retain copies of the returned or expunged papers.

The MPEP states:

“Any papers directed to the merits of the reexamination, other than those under 37 CFR 1.501, 1.933, or 1.510, or under MPEP § 2686, filed prior to the date of the first Office action will be returned to the sender without consideration. If the papers are entered prior to discovery of the impropriety, such papers will be expunged from the record.”

It’s important to note that if the submission becomes appropriate later in the proceedings, it may be filed and accepted by the Office at that time.

To learn more:

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