Can the USPTO grant a filing date to a defective supplemental examination request?
Yes, the USPTO has the discretion to grant a filing date to a defective supplemental examination request, although it is not common practice. 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 discretion allows the USPTO to be flexible in cases where the defects in the request are minimal and do not substantially affect the content or understanding of the request. However, patent owners should strive to submit fully compliant requests to avoid potential delays or complications in the examination process.
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