How does the USPTO handle minor defects in a supplemental examination request?

The USPTO has a specific approach to handling minor defects in supplemental examination requests. According to MPEP 2812.01:

“Even if the request is determined to be defective, the Office has the discretion under 37 CFR 1.610(d) to grant a filing date. However, the Office will not generally grant a filing date to a defective request unless the request contains only minor defects, such as minor formatting defects (e.g., improper margins, etc.).”

This means that:

• The USPTO has discretion to grant a filing date even if the request has defects.
• Minor defects, particularly formatting issues like improper margins, may not prevent the granting of a filing date.
• More substantial defects are likely to result in the USPTO not granting a filing date and issuing a notice of non-compliance.

This approach allows for some flexibility in the filing process while still maintaining the integrity and completeness of the supplemental examination requests.

To learn more:

• minor defects
• USPTO discretion
• formatting issues
• filing date