What is the difference in handling non-responsive submissions before and after final rejection in patent reexamination?
The handling of non-responsive submissions differs significantly before and after final rejection in patent reexamination:
Before Final Rejection:
Examiners may give the patent owner a new time period to supply an omission in a bona fide response.
After Final Rejection:
The practice of giving additional time does not apply. As stated in MPEP 2266.01: “The practice of giving the patent owner a time period to supply an omission in a bona fide response does not apply after a final Office action.” Instead, an advisory Office action should be issued explaining the omission, and the time period set in the final rejection continues to run.
Amendments after final rejection are only approved for entry if they place the proceeding in condition for issuance of a reexamination certificate or in better form for appeal.
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