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2227    Incomplete Request for Ex Parte Reexamination

MPEP SECTION SUMMARY

This section covers instances where the request for ex parte reexamination is incomplete. A notice of failure to comply with the reexamination request filing requirement will be sent out as needed. If the failure is not remedied within the specified time (generally 30 days), then the request papers will not be given a filing date.


37 C.F.R. 1.510 Request for ex parte reexamination.

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(c) If the request does not include the fee for requesting ex parte reexamination required by paragraph (a) of this section and meet all the requirements by paragraph (b) of this section, then the person identified as requesting reexamination will be so notified and will generally be given an opportunity to complete the request within a specified time. Failure to comply with the notice will result in the ex parte reexamination request not being granted a filing date, and will result in placement of the request in the patent file as a citation if it complies with the requirements of § 1.501.
(d) The filing date of the request for ex parte reexamination is the date on which the request satisfies all the requirements of this section.

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OFFICE PROCEDURE WHERE THE REQUEST FAILS TO COMPLY WITH REQUIREMENTS FOR A FILING DATE

A.   Discovery of Non-Compliance with Filing Date Requirement(s) Prior to Assigning a Filing Date

1.   Notice of Failure to Comply with Reexamination Request Filing Requirement

If it is determined that the request fails to meet one or more of the filing date requirements, the person identified as requesting reexamination will be so notified and will be given an opportunity to complete the requirements of the request within a specified time (generally 30 days).

2.   Failure to Remedy Defect(s) in “Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements”

If after receiving a “Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements,” the requester does not remedy the defects in the request papers that are pointed out, then the request papers will not be given a filing date, but the assigned control number will be retained.

Examples of a failure to remedy the defect(s) in the notice are:

  • (A) where the requester does not timely respond to the notice, and
  • (B) where requester does respond, but the response does not cure the defect(s) identified to requester and/or introduces a new defect or deficiency.

 


2230    Constructive Notice to Patent Owner

MPEP SECTION SUMMARY

In some instances, it may not be possible to deliver mail to the patent owner because no current address is available. If all efforts to correspond with the patent owner fail, the reexamination proceeding will proceed without actual notice to the patent owner.

The publication in the Official Gazette of the notice of the filing of a request for reexamination, or the notice of the ordering of reexamination at the initiative of the Director of the Office, will serve as constructive notice to the patent owner in such an instance.




2232    Public Access

MPEP SECTION SUMMARY

All reexamination files are normally open to inspection by the general public. The general public may view the entire content of a reexamination file via Public PAIR. Non-patent literature in a reexamination file is not available for viewing by members of the public.

 

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