What happens if a notice of appeal is defective in ex parte reexamination?

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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 notice of appeal is defective in ex parte reexamination, the patent owner will be notified and given an opportunity to cure the defect(s). The MPEP 2273 states: “ Where a notice of appeal is defective, the patent owner will be so notified. In third party requested reexaminations, Form PTOL-475 will be used to provide the notification. A time period of one month or thirty days, whichever is longer, will be provided for the patent owner to cure the defect(s) in the appeal. ” For patent owner requested or Director ordered reexaminations, Form PTO-2311 is used, and a two-month time period is provided. It’s important to note that unlike regular patent prosecutions, extensions of time under 37 CFR 1.136(a) cannot be obtained in reexamination proceedings. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Form PTOL-475 Used for Third Party Reexaminations MPEP 2273 Notice of Intent to Issue Ex Parte Reexamination Certificate MPEP 2273 Fee Required for Notice of Appeal MPEP 2273 Required Notice of Appeal Filing Required MPEP 2273 Patent Owner Can Appeal Examiner Rejections MPEP 2273 Required Patent Owner Must Cure Appeal Defects Within One Month or Thirty Days, Whichever is Longer MPEP 2273 Notice of Appeal Need Not Be Signed MPEP 2273 Patent Owner Can Appeal and Seek Review After Reexamination Decision MPEP 2273 Permitted Patent Owner Can Appeal Only After Final Rejection in Ex Parte Reexamination Filing On Or After November 29, 1999 MPEP 2273 Third Party Requester Cannot Appeal Patent Owner’s Decision MPEP 2273 Prohibited Other Related FAQs 5 FAQs Collapse Are there any restrictions on when a patent owner can appeal in ex parte reexamination? What are the consequence...