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2615 - 2600 Optional Inter Partes Reexamination
2615 Fee for Requesting Inter Partes Reexamination [Added R-2]
37 CFR 1.915 Content of request for inter partes reexamination.
(a) The request must be accompanied by the fee for requesting inter partes reexamination set forth in § 1.20(c)(2).
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37 CFR 1.919 Filing date of request for inter partes reexamination.
(a) The filing date of a request for inter partes reexamination is the date on which the request satisfies the fee requirement of § 1.915(a).
(b) If the request is not granted a filing date, the request will be placed in the patent file as a citation of prior art if it complies with the requirements of § 1.501.
In order for a request to be accepted, given a filing date, and published in the Official Gazette, it is necessary to have paid the fee required under 37 CFR 1.20(c)(2) for filing a request for inter partes reexamination. If the entire filing fee is not paid, the request will be considered to be incomplete.
If the entire fee for requesting reexamination has not been paid after 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 of 37 CFR 1.501. See MPEP § 2206 for handling of prior art citations.
If the request for reexamination is denied or vacated, a refund in accordance with 37 CFR 1.26(c) will be made to the identified requester. See 37 CFR 1.925.
See MPEP § 2634 for processing of the filing fee.
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