How is the filing date assigned to an ex parte reexamination request?

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 filing date for an ex parte reexamination request is assigned based on specific criteria. According to MPEP 2226:

“The filing date of the request is the date on which the request satisfies all the requirements for the request set forth in 37 CFR 1.510.”

This means that:

• The request must meet all requirements of 37 CFR 1.510.
• If any deficiencies are found, they must be corrected before a filing date is assigned.
• The date when all requirements are met becomes the official filing date.

It’s important to note that the filing date impacts the timeline for subsequent actions in the reexamination process.