Go to MPEP - Table of Contents
2228 Informal Request > - 2200 Citation of Prior Art and Ex Parte Reexamination of Patents
2228 Informal Request >for Ex Parte Reexamination< [R-2]
If the fee under 37 CFR 1.20(c)(l) has been paid, but the request >for ex parte reexamination< does not contain all the elements called for by 37 CFR 1.510(b), the request is considered to be informal. All requests >for ex parte reexamination< which are accompanied with the entire fee will be assigned a filing date from which the 3-month period for making a decision on the request will be computed. **
The reexamination preprocessing staff of the Central Reexamination Unit will attempt to notify the requester of any informality in the request in order to give the requester time to respond before a decision is made on the request. If the requester does not respond and correct the informality, the decision on the request will be made on the information presented >, i.e., all of the art presented with the request and any argument or evidence in support of that art<. If the information presented does not present "a substantial new question of patentability," the request for reexamination will be denied.
Go to MPEP - Table of Contents