How does the USPTO handle excessive submissions in inter partes reexamination?

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 has discretion to manage the volume of submissions in inter partes reexamination proceedings. According to MPEP 2686:

“If the Office, in its sole discretion, deems the volume of the papers filed from litigations or other proceedings to be too extensive/lengthy, the Office may return, expunge or discard, at its sole discretion, all or part of the submission.”

In such cases, parties may limit their submissions to relevant materials and resubmit. The USPTO emphasizes that submissions should be limited to notifications of prior or concurrent proceedings and should not include additional arguments or information beyond what is necessary.