How can a patent owner correct a noncompliant supplemental examination request?

If a patent owner receives a Notice of Noncompliant Supplemental Examination Request, they have the opportunity to correct the request. The MPEP outlines the process:

If the patent owner timely files a corrected request in response to the notice that properly addresses all of the defects set forth in the notice and that otherwise complies with all of the requirements of §§ 1.605, 1.615, and this section, the filing date of the supplemental examination request will be the receipt date of the corrected request.

To correct a noncompliant request:

1. Address all defects specified in the notice.
2. Ensure the corrected request complies with all requirements of 37 CFR 1.605, 1.610, and 1.615.
3. Submit the corrected request within the specified time (usually 15 days).

If done correctly, the filing date will be the date the corrected request is received by the USPTO.

To learn more:

• Supplemental Examination
• Noncompliant Request
• Patent Owner
• Correction Process
• Filing Date