What happens to petitions to accept late papers after a reexamination certificate is issued?
The issuance of a reexamination certificate marks a significant point in the reexamination process. According to MPEP 1002.02(c)(4), the Director of the Central Reexamination Unit (CRU) has the authority to decide on:
“Petitions to accept late papers in reexamination proceedings where a reexamination certificate has not been issued.”
This implies that once a reexamination certificate has been issued, petitions to accept late papers are no longer within the purview of the CRU Director. After certificate issuance, the reexamination proceeding is considered closed, and the acceptance of late papers would likely require a different process or may not be possible at all, depending on the nature of the papers and the specific circumstances. Any attempts to submit late papers after certificate issuance would likely need to be addressed through other USPTO channels or potentially through the courts.
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