What happens if a request for supplemental examination is found noncompliant?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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 request for supplemental examination is found to be noncompliant, the following process occurs:

  • The Office will notify the patent owner of the reasons for noncompliance.
  • The patent owner is given a single opportunity to correct the noncompliance.
  • A corrected request must be filed within a specified time period, usually 30 days.
  • The corrected request must address all the reasons for noncompliance outlined in the notice.

As stated in MPEP 2812.02: “If the request is not compliant, the Office will notify the patent owner of the reasons for noncompliance and provide a single opportunity to correct the noncompliance.”

Topics: MPEP 2800 - Supplemental Examination MPEP 2812.02 - Noncompliant Request For Supplemental Examination Patent Law Patent Procedure
Tags: Correspondence General, Fees 1 20