What happens if a reexamination request is submitted to the wrong Technology Center?
If a reexamination request is submitted to the wrong Technology Center (TC), the following procedure applies:
- The TC Director will return the request papers to the Office of Patent Legal Administration (OPLA).
- OPLA will forward the request papers to the appropriate TC.
- The appropriate TC will process the request papers.
This procedure is outlined in MPEP 2237, which states:
“If reexamination is requested for a patent having a classification in a TC other than the one to which the request is submitted, the proper TC should be ascertained and the request papers (including the receipt of filing fee) forwarded to the current TC for that patent.”
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2237 - Transfer Procedure,
Patent Law,
Patent Procedure