What happens if a patent owner doesn’t respond to a Notice of Noncompliant Supplemental Examination Request?

If a patent owner fails to respond to a Notice of Noncompliant Supplemental Examination Request within the specified time, there are consequences. The MPEP states:

If the patent owner does not timely comply with the notice, the request for supplemental examination will not be granted a filing date and the fee for reexamination as set forth in § 1.20(k)(2) will be refunded.

This means:

• The supplemental examination request will not receive a filing date.
• The fee paid for reexamination will be refunded to the patent owner.
• The supplemental examination process will not proceed.

It’s crucial for patent owners to respond promptly to such notices to avoid these outcomes and ensure their request is processed.

To learn more:

• Supplemental Examination
• Noncompliant Request
• Patent Owner
• Response Deadline
• Refund