What are the requirements for granting a filing date to a supplemental examination request?

For a supplemental examination request to be granted a filing date, it must comply with specific regulations. According to 37 CFR 1.610(d), as quoted in the MPEP:

The filing date of a request for supplemental examination will not be granted if the request is not in compliance with §§ 1.605, 1.615, and this section, subject to the discretion of the Office.

This means that the request must meet the requirements outlined in:

• 37 CFR 1.605 (Items to be submitted with request for supplemental examination)
• 37 CFR 1.610 (Content of request for supplemental examination)
• 37 CFR 1.615 (Format of papers filed in a supplemental examination proceeding)

If these requirements are not met, the Office will notify the patent owner and provide an opportunity to correct the request within a specified time.

To learn more:

• Supplemental Examination
• Filing Date
• Patent Owner
• Patent Office
• Regulations