What are common defects in inter partes reexamination submissions?

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.

Common defects in inter partes reexamination submissions include:

• Lack of proof of service
• Unsigned paper
• Paper signed by a person not of record
• Amendment not complying with 37 CFR 1.530(d)-(j)
• Amendment not complying with 37 CFR 1.20(c)(3) and/or (c)(4)

The MPEP 2666.50 states: “Defects in the submission can be, for example: (A) The paper filed does not include proof of service; (B) The paper filed is unsigned; (C) The paper filed is signed by a person who is not of record; (D) The amendment filed by the patent owner does not comply with 37 CFR 1.530(d) – (j); or (E) The amendment filed by the patent owner does not comply with 37 CFR 1.20(c)(3) and/or (c)(4).”