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2215 Fee for Requesting >Ex Parte< Reexamination [R-2] - 2200 Citation of Prior Art and Ex Parte Reexamination of Patents
2215 Fee for Requesting >Ex Parte< Reexamination [R-2]
37 CFR 1.510 Request for ex parte reexamination.
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(c) If the request does not include the fee for requesting reexamination or all of the parts required by paragraph (b) of this section, the person identified as requesting reexamination will be so notified and given an opportunity to complete the request within a specified time. If the fee for requesting reexamination has been paid but the defect in the request is not corrected within the specified time, the determination whether or not to institute reexamination will be made on the request as it then exists. If the fee for requesting reexamination has not been paid, no determination will be made and the request will be placed in the patent file as a citation if it complies with the requirements of § 1.501(a).
(d) The filing date of the request is:
(1) The date on which the request including the entire fee for requesting reexamination is received in the Patent and Trademark Office; or
(2) The date on which the last portion of the fee for requesting reexamination is received.
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In order for a request to be accepted, be given a filing date, and be published in the Official Gazette, the entire fee required under 37 CFR 1.20(c)(1) for filing a request for reexamination must be paid.
If the request for >ex parte< reexamination is subsequently denied or vacated, a refund in accordance with 37 CFR 1.26(c) will be made to the identified requester.
If the entire fee for >ex parte< reexamination is not paid, the request will be considered to be incomplete. See 37 CFR 1.510 (c) and (d).
Where the entire filing fee is not paid >after the requester has been given an opportunity to do so, no determination on the request will be made. The request papers will ordinarily be placed in the patent file as a prior art citation, if they comply with the requirements for< a citation of prior art under 37 CFR 1.501. See MPEP § 2206 for handling of prior art citations.
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