What happens if a request for supplemental examination is found noncompliant?

What happens if a request for supplemental examination is found noncompliant?

If a request for supplemental examination is found to be noncompliant, the following process occurs:

  • The Office will notify the patent owner of the reasons for noncompliance.
  • The patent owner is given a single opportunity to correct the noncompliance.
  • A corrected request must be filed within a specified time period, usually 30 days.
  • The corrected request must address all the reasons for noncompliance outlined in the notice.

As stated in MPEP 2812.02: “If the request is not compliant, the Office will notify the patent owner of the reasons for noncompliance and provide a single opportunity to correct the noncompliance.”

To learn more:

Topics: MPEP 2800 - Supplemental Examination, MPEP 2812.02 - Noncompliant Request For Supplemental Examination, Patent Law, Patent Procedure
Tags: Noncompliant Request, Patent Office Procedure, supplemental examination