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
Tags: Incomplete Request, Patent Office Procedure, supplemental examination