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

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.”

To learn more:

Topics: MPEP 2800 - Supplemental Examination, MPEP 2812 - Initial Processing Of A Request For Supplemental Examination, Patent Law, Patent Procedure
Tags: 37 Cfr 1.610, defect correction, Request Compliance, supplemental examination