What happens if the USPTO fails to issue a determination on a supplemental examination request within 3 months?

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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. According to MPEP 2816 , if the USPTO fails to issue a determination on a supplemental examination request within 3 months, the following occurs: “ If the Office does not issue a determination on the request within 3 months, supplemental examination is deemed to be concluded. ” This means that even if the USPTO doesn’t respond within the statutory timeframe, the process is considered complete. Additionally, the MPEP states: “ If supplemental examination is deemed to be concluded because the Office did not meet the 3-month statutory deadline, ex parte reexamination will be initiated under 35 U.S.C. 257(b). ” This ensures that the patentee’s request for review is still addressed through the ex parte reexamination process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Ex Parte Reexamination Review According to MPEP §2286 MPEP 2816 Request for Consideration of Item with Respect to Claim MPEP 2816 Supplemental Examination Certificate Becomes Official Record MPEP 2816 Consider Supplemental Examination for Pending Litigation MPEP 2816 Permitted Patent Litigation Search Before Supplemental Examination MPEP 2816 Permitted Quality Assurance Specialist Review Is Needed During Litigation MPEP 2816 Required Supplemental Examination Not Conducted for Invalid Claims MPEP 2816 Claims Not Under Supplemental Examination Due to Invalidity MPEP 2816 No Supplemental Exam If All Claims Invalid MPEP 2816 Supplemental Exam Cert Must Be Vacated If Claims Invalidated MPEP 2816 Other Related FAQs 5 FAQs Collapse Can a supplemental examination request be made anonymously? How does a final federal court decision affect a supplemental examination proceeding? What happens if no substantial ...