How does an examiner notify parties of defective papers in ex parte reexamination?
In ex parte reexamination, examiners use specific forms to notify parties of defective papers:
- Form PTOL-475: Used for third-party requested ex parte reexaminations
- Form PTO-2311: Used for patent owner requested ex parte reexaminations (including reexaminations ordered under 35 U.S.C. 257) or Director ordered ex parte reexaminations
The MPEP states: “Where a submission made prior to final rejection is defective (informal), forms PTOL-475 and PTO-2311 are used to provide notification of the defects present in the submission.”
These forms typically include checkboxes for common defects and space for additional explanations if needed.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2266.02 - Examiner Issues Notice Of Defective Paper In Ex Parte Reexamination,
Patent Law,
Patent Procedure