What is the time period for correcting defective papers in ex parte reexamination?

Question

Accepted Answer

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. When an examiner issues a notice of defective paper in ex parte reexamination, a time period is set for correction. According to MPEP 2266.02 : “A time period from the mailing date of the notice will be set in the appropriate form (PTOL-475 or PTO-2311) for correction of the defect(s). Extension of time to correct the defect(s) may be requested under 37 CFR 1.550(c) .” If the defect is not corrected within the set time period, the submission will not be entered. Failure to comply may result in termination of the reexamination proceeding under 37 CFR 1.550(d) if it leads to a failure to file a timely and appropriate response to any Office action. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Time Period for Correcting Defects Set by Examiner MPEP 2266.02 Notification of Defective Submission in Ex Parte Reexamination MPEP 2266.02 Recommended Ex Parte Reexamination Examination Conducted According to Specific Sections MPEP 2266 Ex Parte Reexamination Examination Conducted According to Specific Sections MPEP 2266 Extension Request for Ex Parte Reexamination MPEP 2266 Required Patent Owner May Not File for Third Party in Ex Parte Reexamination MPEP 2266 Prohibited Time for Patent Owner Action in Ex Parte Reexamination Cannot Be Extended Beyond Two Months Without Sufficient Cause MPEP 2266 Ex Parte Reexamination Proceedings Conducted with Special Dispatch MPEP 2266 Advisory Office Action Required for Informal Response After Final Rejection MPEP 2266.02 Recommended Timely Response Required for Ex Parte Reexamination MPEP 2266 Required Other Related FAQs 5 FAQs Collapse What are the consequences of failing to correct defective papers in ex parte reexamination? What con...