How does the USPTO handle minor defects in a corrected request for supplemental examination?

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.

The USPTO has discretion in handling minor defects in corrected requests for supplemental examination. According to the MPEP, “If the Office determines that a corrected request only contains one or more defects of minor character, the Office may, in its sole discretion, enter the defective corrected request, correct the defect(s) sua sponte, and/or request a submission from the patent owner in order to correct the defect(s).” This means the USPTO may choose to accept a slightly defective request and correct minor issues on its own or ask the patent owner for additional information to address the defects.

Topics: MPEP 2800 - Supplemental Examination MPEP 2812.03 - Corrected Request Patent Law Patent Procedure
Tags: Establish Ownership, Reexamination Cru, supplemental examination