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