What are the consequences of not completing an ex parte reexamination request within the specified time?

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.

If an incomplete ex parte reexamination request is not completed within the specified time, the consequences can be severe:

• The request may be treated as a non-filing.
• The filing fee may be refunded.
• The requester may lose their filing date.

MPEP 2227 states: “If the request is not completed within that time, the request will be treated as a non-filing and the filing fee refunded.” This means the requester would need to start the process anew if they still wish to pursue reexamination.