What happens if an ex parte reexamination request is incomplete or the fee is not paid in full?

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 an ex parte reexamination request is incomplete or the fee is not paid in full, the following occurs:

1. The request is considered incomplete if:
   • The appropriate filing fee (37 CFR 1.20(c)(1) or 37 CFR 1.20(c)(2)) and any applicable excess claim fees are not paid in full
   • The request fails to meet all requirements of the governing rule
2. The requester is given one opportunity to correct the deficiency
3. If the defect is not cured:
   • No determination on the request will be made
   • The request will not be granted a filing date
   • The request papers will be placed in the patent file as a submission under 37 CFR 1.501 if they comply with those requirements

As stated in the MPEP: “Where the entire filing fee and any applicable excess claim fees are not paid after the requester has been given one opportunity to do so (i.e., the defect is not cured), no determination on the request will be made.“

For more information on handling incomplete requests, refer to MPEP § 2227.