What happens if all required fees are not paid when filing a supplemental examination request?

If all required fees for supplemental examination are not paid at the time of filing the request, the following consequences will occur:

• The request will be considered defective
• A filing date will not be granted
• The processing of the request will be terminated
• A refund of any fees paid will be made to the patent owner

As stated in the MPEP: “If all of the required fees for supplemental examination are not paid at the time the request is filed, the request will be considered to be defective, and a filing date will not be granted. See 37 CFR 1.610(d) and MPEP § 2812.01 et seq. If, after notification of the failure to pay all of the required fees, the fees are not timely received, then the request will not receive a filing date, the processing of the request will be terminated, and a refund in accordance with 37 CFR 1.610(d) of any fees paid will be made to the patent owner.”

To learn more:

• supplemental examination
• fee payment
• defective request
• filing date