MPEP § 2815 — Time for Deciding Request (Annotated Rules)
§2815 Time for Deciding Request
This page consolidates and annotates all enforceable requirements under MPEP § 2815, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Time for Deciding Request
This section addresses Time for Deciding Request. Primary authority: 35 U.S.C. 257(a), 37 CFR 1.620(a), and 37 CFR 1.620. Contains: 2 guidance statements, 1 permission, and 2 other statements.
Key Rules
Reexamination Certificate
Within 3 months following the filing date of a request for supplemental examination, the examiner will determine whether a SNQ affecting any claim of the patent is raised by any of the items of information properly presented in the request. See 35 U.S.C. 257(a) and 37 CFR 1.620(a). A supplemental examination proceeding concludes with the issuance of a supplemental examination certificate, indicating the results of the examiner’s determination. If the three-month period ends on a Saturday, Sunday, or federal holiday within the District of Columbia, then the certificate should issue by the preceding business day.
Within 3 months following the filing date of a request for supplemental examination, the examiner will determine whether a SNQ affecting any claim of the patent is raised by any of the items of information properly presented in the request. See 35 U.S.C. 257(a) and 37 CFR 1.620(a). A supplemental examination proceeding concludes with the issuance of a supplemental examination certificate, indicating the results of the examiner’s determination. If the three-month period ends on a Saturday, Sunday, or federal holiday within the District of Columbia, then the certificate should issue by the preceding business day.
Supplemental Examination
The examiner should take up a request about 6 weeks after the request’s filing date. A determination on the supplemental examination request may be made at any time during the period of enforceability of a patent. See MPEP § 2808.
The examiner should take up a request about 6 weeks after the request’s filing date. A determination on the supplemental examination request may be made at any time during the period of enforceability of a patent. See MPEP § 2808.
SNQ Criteria
Within 3 months following the filing date of a request for supplemental examination, the examiner will determine whether a SNQ affecting any claim of the patent is raised by any of the items of information properly presented in the request. See 35 U.S.C. 257(a) and 37 CFR 1.620(a). A supplemental examination proceeding concludes with the issuance of a supplemental examination certificate, indicating the results of the examiner’s determination. If the three-month period ends on a Saturday, Sunday, or federal holiday within the District of Columbia, then the certificate should issue by the preceding business day.
Citations
| Primary topic | Citation |
|---|---|
| Reexamination Certificate SNQ Criteria | 35 U.S.C. § 257(a) |
| Reexamination Certificate SNQ Criteria | 37 CFR § 1.620(a) |
| Supplemental Examination | MPEP § 2808 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2815 — Time for Deciding Request
Source: USPTO2815 Time for Deciding Request [R-11.2013]
37 CFR 1.620 Conduct of supplemental examination proceeding.
- (a) Within three months after the filing date of a request for supplemental examination, the Office will determine whether a substantial new question of patentability affecting any claim of the patent is raised by any of the items of information presented in the request. The determination will generally be limited to a review of the item(s) of information identified in the request as applied to the identified claim(s) of the patent. The determination will be based on the claims in effect at the time of the determination and will become a part of the official record of the patent.
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Within 3 months following the filing date of a request for supplemental examination, the examiner will determine whether a SNQ affecting any claim of the patent is raised by any of the items of information properly presented in the request. See 35 U.S.C. 257(a) and 37 CFR 1.620(a). A supplemental examination proceeding concludes with the issuance of a supplemental examination certificate, indicating the results of the examiner’s determination. If the three-month period ends on a Saturday, Sunday, or federal holiday within the District of Columbia, then the certificate should issue by the preceding business day.
The examiner should take up a request about 6 weeks after the request’s filing date. A determination on the supplemental examination request may be made at any time during the period of enforceability of a patent. See MPEP § 2808.