What happens if an ex parte reexamination request is found to be defective?

What happens if an ex parte reexamination request is found to be defective?

If an ex parte reexamination request is found to be defective during the initial screening process, specific procedures are followed. According to MPEP 2226:

“If the request for ex parte reexamination is not in accordance with requirements of 37 CFR 1.510, the person identified as requesting reexamination will be so notified and will be given an opportunity to complete the formal requirements of the request within a specified time.”

The process typically involves:

• Notifying the requester of the deficiencies.
• Providing a specified time period to correct the defects.
• Holding the assignment of a filing date until all requirements are met.
• If corrections are not made timely, the request may be denied.

It’s crucial for requesters to address any identified defects promptly to ensure their reexamination request is properly processed.

To learn more:

• ex parte reexamination
• defective request
• 37 CFR 1.510
• request corrections