What legal precedents support the USPTO’s handling of untimely papers in ex parte reexamination?
The USPTO’s handling of untimely papers in ex parte reexamination is supported by several legal precedents. MPEP 2225 cites the following cases:
- Patlex Corp. v. Mossinghoff, 771 F.2d 480, 226 USPQ 985, 989 (Fed. Cir. 1985)
- In re Knight, 217 USPQ 294 (Comm’r Pat. 1982)
- In re Amp, 212 USPQ 826 (Comm’r Pat. 1981)
These cases establish the legal foundation for the USPTO’s practices regarding the handling of papers filed before the decision on a reexamination request. They support the Office’s authority to return or expunge untimely papers and to limit the types of submissions accepted during this period to those specifically allowed by regulation.
Patent practitioners should be familiar with these precedents to understand the rationale behind the USPTO’s procedures and to ensure compliance with the rules governing ex parte reexamination.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2225 - Untimely Paper Filed Prior To Order Under 35 U.S.C. 304,
Patent Law,
Patent Procedure