What should an examiner do if a supplemental reply is not approved for entry?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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.

If a supplemental reply is not approved for entry, the examiner must follow specific procedures as outlined in MPEP 714.03(a):

  1. Annotate the reply with ‘DO NOT ENTER’ and initial it.
  2. Enter the annotated document into the electronic file wrapper.
  3. Notify the applicant in the subsequent Office action that the supplemental reply was not entered.

The MPEP also provides a form paragraph (7.147) for examiners to use when notifying applicants about a non-entered supplemental reply. This ensures clear communication about the status of the supplemental reply and the reasons for its non-entry.

Tags: patent examination