What constitutes a defective paper in ex parte reexamination?
A defective paper in ex parte reexamination, also known as an “informal submission,” can have various defects even if the substance is complete. The MPEP 2266.02 lists several examples of defects:
- Lack of proof of service
- Unsigned paper
- Paper signed by a non-practitioner who is not of record
- Patent owner’s amendment not complying with 37 CFR 1.530(d)-(j)
- Patent owner’s amendment not complying with 37 CFR 1.20(c)(3) and/or 37 CFR 1.20(c)(4)
The MPEP states: “Even if the substance of a submission is complete, the submission can still be defective, i.e., an ‘informal submission.'”
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2266.02 - Examiner Issues Notice Of Defective Paper In Ex Parte Reexamination,
Patent Law,
Patent Procedure