What happens if a request for ex parte reexamination is incomplete?

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 request for ex parte reexamination is incomplete, the person identified as requesting reexamination will be notified and generally given an opportunity to complete the request within a specified time. The MPEP 2227 states:

“If the request does not include the fee for requesting ex parte reexamination required by paragraph (a) of this section and meet all the requirements by paragraph (b) of this section, then the person identified as requesting reexamination will be so notified and will generally be given an opportunity to complete the request within a specified time.”

Failure to comply with the notice will result in the ex parte reexamination request not being granted a filing date.