What constitutes a defective paper in ex parte reexamination?

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.

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.’”