What is the filing date of a request for supplemental examination?
The filing date of a request for supplemental examination is crucial for determining priority and processing. According to MPEP 2812:
“The filing date of a request for supplemental examination is the date on which the request contains all of the items required by 37 CFR 1.610(a) and (b).”
This means that for a request to be assigned a filing date, it must include:
- All items required by 37 CFR 1.610(a), such as identification of the patent, list of items of information, and fees.
- All items required by 37 CFR 1.610(b), including a copy of the patent and any disclaimer or certificate.
The filing date is important because it determines when the USPTO will begin processing the request and when certain time limits start.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2812 - Initial Processing Of A Request For Supplemental Examination,
Patent Law,
Patent Procedure