What papers are allowed to be filed after a request for ex parte reexamination but before the decision on the request?
After filing a request for ex parte reexamination under 35 U.S.C. 302, only specific types of papers are allowed to be filed before the decision on the request. According to MPEP 2225, these include:
- Citations of patents or printed publications under 37 CFR 1.501 or 37 CFR 1.555
- Another complete request under 37 CFR 1.510 or 37 CFR 1.915
- Notifications pursuant to MPEP § 2282
The MPEP states: “Any papers directed to the merits of the reexamination other than those under 37 CFR 1.501 or 1.555, or MPEP § 2282, filed prior to the decision on the request will be returned to the sender by the Central Reexamination Unit or Technology Center Director without consideration.“
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