Who is responsible for determining if a supplemental examination request is compliant?

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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. The responsibility for determining if a supplemental examination request is compliant lies with the Central Reexamination Unit (CRU) of the United States Patent and Trademark Office (USPTO). The MPEP states: If the Central Reexamination Unit (CRU) determines that the request, as originally submitted, does not satisfy all of the requirements of 37 CFR 1.605, 1.610 and 1.615, and all other applicable rules, and is not entitled to a filing date, the CRU will mail a Notice of Noncompliant Supplemental Examination Request (37 CFR 1.610(d)) to the patent owner. Key points: The CRU is responsible for reviewing supplemental examination requests. They check for compliance with 37 CFR 1.605, 1.610, 1.615, and other applicable rules. If non-compliant, the CRU issues the Notice of Noncompliant Supplemental Examination Request. The CRU’s determination affects whether the request receives a filing date. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Notice of Noncompliant Supplemental Examination Request MPEP 2812.02 Notice of Noncompliant Supplemental Examination Request MPEP 2812.02 Permitted Patent Owner Address for Supplemental Examination MPEP 2805 Notice Will Be Sent to Record Correspondence Address MPEP 2812.02 Attachment Required for Non-Compliant Request MPEP 2812.02 Office Correspondence to Patent Owner MPEP 2804 Patent Owner Must File Change of Correspondence Address for Supplemental Examination MPEP 2804 Required Patent Owner Address for Communications MPEP 2805 Request for Ex Parte Reexamination by Representative MPEP 2213 Change of Correspondence Address Required for Supplemental Examination MPEP 2804 Recommended Other Related FAQs 5 FAQs Collapse What happens ...