What is the “Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements”?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. The “Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements” is a formal notification sent to the requester when their ex parte reexamination request fails to meet one or more filing date requirements. According to MPEP 2227 : “Form PTOL-2077, ‘Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements,’ is used to provide the notification for ex parte reexamination.” This notice informs the requester of the specific deficiencies in their request and provides an opportunity to correct these issues, typically within 30 days. If an explanation is needed for a non-compliance item, an attachment will be included with the notice to explain why the request does not comply. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Incomplete Request for Ex Parte Reexamination Filed Under 35 U.S.C. 302 MPEP 2227 Notification for Ex Parte Reexamination Filing Requirements MPEP 2227 Filing Date Requirements for Ex Parte Reexamination MPEP 2227 Refund for Incomplete Ex Parte Reexamination Request MPEP 2215 Refund for Denied Ex Parte Reexamination Request MPEP 2215 Notification for Filing Date Requirements Failure in Ex Parte Reexamination Request MPEP 2227 One Opportunity to Correct Filing Deficiencies MPEP 2227 Permitted Decision on Request for Reexamination MPEP 2240 Timely Response Required for Ex Parte Reexamination Request MPEP 2227 Ex Parte Reexamination Request Will Not Be Filed If New Defects Are Introduced MPEP 2227 Other Related FAQs 5 FAQs Collapse No more FAQs can be generated What happens if a requester fails to remedy defects in an ex parte reexamination request? What are the consequences of not completing an ex par...