What happens if a request for supplemental examination is incomplete?
If a request for supplemental examination is incomplete, the Office will take the following actions:
- A notice will be mailed to the patent owner detailing the defects in the request.
- The patent owner will be given a time period to complete the request.
- This time period is typically 30 days from the mailing date of the notice or 30 days from the date of submission of the request, whichever is later.
- The time period is extendable under 37 CFR 1.136(a) by filing a petition for extension of time.
As stated in MPEP 2812: “If the request is incomplete…the patent owner will be provided with an opportunity to complete the request within a specified time.”
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2812 - Initial Processing Of A Request For Supplemental Examination,
Patent Law,
Patent Procedure