What happens if a copy of prior art submitted for reexamination is not legible?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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 a copy of prior art submitted for reexamination is not legible, it is considered not to have been provided. The USPTO addresses this issue as stated in MPEP 2218 : “If the copy provided is not legible, or is such that its image scanned into the Image File Wrapper system (IFW) will not be legible, it is deemed to not have been provided. The appropriate ‘Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements’ (see MPEP § 2227) will identify this defect.” In such cases, the USPTO will issue a notice to the requester, identifying the defect and providing an opportunity to submit a legible copy of the prior art. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Legible Prior Art Copies MPEP 2218 Legible Copy Required for Patent Request MPEP 2218 Color Photographs and Submissions Must Be Legible as Presented MPEP 2218 Waiver of Patent Copy Submission for U.S. Patents and Publications MPEP 2218 Required Requirement for Patent and Printed Publication Copies MPEP 2218 Required Waiver for U.S. Patents and Publications in Information Disclosure Statement MPEP 2218 Required Ex Parte Reexamination Consideration Limited to Patents and Publications MPEP 2217 Refund of Ex Parte Reexamination Fee When No New Question Found MPEP 2240 Translation Required for Non-English Documents MPEP 2218 Required Translation Required for Non-English Documents MPEP 2218 Other Related FAQs 5 FAQs Collapse How are color photographs or submissions handled in reexamination requests? How should information about copending reexamination proceedings be provided in a reexamination request? Are English translations required for non-English prior art in reexam...