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

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.

To learn more:

• Supplemental Examination
• Compliance Check
• Central Reexamination Unit
• CRU
• USPTO