What is the time period for correcting defective papers in ex parte reexamination?
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.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2266.02 - Examiner Issues Notice Of Defective Paper In Ex Parte Reexamination,
Patent Law,
Patent Procedure