How does the USPTO communicate defective papers in ex parte reexamination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

The USPTO uses specific forms to communicate defective papers in ex parte reexamination, depending on who requested the reexamination. According to MPEP 2296, there are two forms for this purpose:

  • PTOL-475: Notice of Defective Paper In Ex Parte Reexamination – Third Party Requested
  • PTO-2311: Notice of Defective Paper in Ex Parte Reexamination – Patent Owner Requested

These forms are used to notify the relevant party when a submitted paper in the reexamination proceeding is found to be defective, allowing them to correct the issues and ensure proper processing of the reexamination.

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2296 - Uspto Forms To Be Used In Ex Parte Reexamination Patent Law Patent Procedure
Tags: ex parte reexamination, Nirc, Reexamination Appeals, Reexamination Examination, Reexamination Order