How is the filing date determined for an ex parte reexamination request?
The filing date of an ex parte reexamination request is determined based on when all requirements are met. According to MPEP 2227:
“The filing date of the request for ex parte reexamination is the date on which the request satisfies all the requirements of this section.”
This means that the request must comply with all the requirements outlined in 37 CFR 1.510, including the payment of fees and the submission of all necessary documents. If any requirement is not met, the request will not be granted a filing date until all deficiencies are corrected.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2227 - Incomplete Request For Ex Parte Reexamination Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure