What happens if a request for supplemental examination fails to comply with 37 CFR 1.610?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. If a request for supplemental examination fails to comply with 37 CFR 1.610 , the following process occurs: The Office will notify the patent owner of any defects in the request. The patent owner is given a non-extendable period of 30 days to correct the defects. If the defects are not corrected within the 30-day period, the request will not be granted a filing date and will not be entitled to a refund of the fee for reexamination. As stated in the MPEP 2812 : “If the request fails to comply with any of the requirements of 37 CFR 1.610, the patent owner will be given a single opportunity to correct the defects in the request.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Notice of Noncompliant Supplemental Examination Request MPEP 2812.02 Notice of Noncompliant Supplemental Examination Request MPEP 2812.02 Permitted Patent Owner Address for Supplemental Examination MPEP 2805 Notice Will Be Sent to Record Correspondence Address MPEP 2812.02 Attachment Required for Non-Compliant Request MPEP 2812.02 Office Correspondence to Patent Owner MPEP 2804 Patent Owner Address for Communications MPEP 2805 Patent Owner Must File Change of Correspondence Address for Supplemental Examination MPEP 2804 Required Request Signature Must Comply With Regulations MPEP 1122 Request Signature Must Comply With §1.33(b) MPEP 1122 Other Related FAQs 5 FAQs Collapse What is the role of the Central Reexamination Unit (CRU) in supplemental examination? What types of documents are processed during supplemental examination? Can a supplemental examination request be submitted electronically? What happens if a request for supplemental examination is incomplete? What happens if the fees for a ...