What happens if a reexamination request is not compliant with 37 CFR 1.510?

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 reexamination request is found to be not compliant with 37 CFR 1.510, the following process occurs:

• The request papers are returned to the sender by the Central Reexamination Unit (CRU) or Technology Center (TC) technical support staff.
• The request papers are not entered into the patent file.
• The sender is notified of the non-compliance and given the reasons for it.
• The request is treated as a non-filing, and the request papers are not given a filing date.

As stated in MPEP 2226: “If the request papers are not in compliance with 37 CFR 1.510, the request papers will be returned by the CRU or TC technical support staff to the sender (e.g., requester) by notification letter along with an explanation of the non-compliance.”