What information is included in a Notice of Noncompliant Supplemental Examination Request?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

A Notice of Noncompliant Supplemental Examination Request contains specific information to help the patent owner understand and address the issues. According to the MPEP:

The notice will specify the defects found in the request, and provide a specified time, generally 15 days, within which a corrected request may be timely filed. If further explanation is needed, an attachment to the notice will be provided specifically explaining why the request was non-compliant with the filing date requirements.

The notice typically includes:

  • A list of specific defects found in the original request
  • The deadline for submitting a corrected request (usually 15 days)
  • An explanation of why the request was non-compliant
  • If necessary, an attachment with further details on the non-compliance issues

This information is crucial for the patent owner to properly address all issues and submit a compliant request within the given timeframe.

Topics: MPEP 2800 - Supplemental Examination MPEP 2812.02 - Noncompliant Request For Supplemental Examination Patent Law Patent Procedure
Tags: Correspondence General, Fees 1 20