What happens if a requester fails to complete an inter partes reexamination request within the specified time?

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 requester fails to complete an inter partes reexamination request within the specified time, the USPTO takes specific actions:

• The request is not granted.
• The incomplete request papers are placed in the patent file.
• The fee paid is refunded, with certain exceptions.

MPEP 2626 states:

“Where the request is not granted, the request papers will ordinarily be placed in the patent file, and the reexamination fee refunded (see MPEP § 2609) except for the $1,000 portion thereof that is not refundable.”

This policy ensures that incomplete requests do not unnecessarily delay the patent examination process while providing a fair refund policy for requesters.