What determines the official filing date of a reexamination request?
The official filing date of a reexamination request is determined based on specific criteria:
- The request must be in compliance with 37 CFR 1.510.
- The filing date is automatically assigned by the PALM EXPO 2970 system.
- The date assigned is based on the receipt date of the compliant request.
MPEP 2226 states: “The system will automatically assign a “filing date” to the request based on the receipt date, and the notice of the filing date will be generated and mailed by the CRU or TC technical support staff.”
It’s important to note that if the request is non-compliant, it will not receive a filing date until the deficiencies are corrected.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2226 - Initial Processing Of Request For Ex Parte Reexamination Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure