What happens if defects in inter partes reexamination submissions are not corrected?

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 defects in inter partes reexamination submissions are not corrected in response to the notice, the submission will not be entered. For patent owners, failure to file a timely and appropriate response may result in termination or limitation of the reexamination proceeding.

According to the MPEP 2666.50: “If, in response to the notice, the defect still is not corrected, the submission will not be entered. If the failure to comply with the notice results in a patent owner failure to file a timely and appropriate response to any Office action, the prosecution of the reexamination proceeding generally will be terminated or limited under 37 CFR 1.957 (whichever is appropriate).”