MPEP § 2810 — Fees Due on Filing a Supplemental Examination Request (Annotated Rules)
§2810 Fees Due on Filing a Supplemental Examination Request
This page consolidates and annotates all enforceable requirements under MPEP § 2810, 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.
Fees Due on Filing a Supplemental Examination Request
This section addresses Fees Due on Filing a Supplemental Examination Request. Primary authority: 37 CFR 1.610(d) and 37 CFR 1.610. Contains: 2 requirements.
Key Rules
Reexamination Order
(a) A request for supplemental examination must be accompanied by the fee for filing a request for supplemental examination as set forth in § 1.20(k)(1), the fee for reexamination ordered as a result of a supplemental examination proceeding as set forth in § 1.20(k)(2), and any applicable document size fees as set forth in § 1.20(k)(3).
Consistent with the requirement in 35 U.S.C. 257(d) to establish fees, 37 CFR 1.610(a) requires that the request be accompanied by the fee for filing a request for supplemental examination as set forth in 37 CFR 1.20(k)(1), the fee for ex parte reexamination ordered as a result of a supplemental examination proceeding as set forth in 37 CFR 1.20(k)(2), and any applicable document size fees as set forth in 37 CFR 1.20(k)(3). These fees qualify for a 60 percent reduction for small entities and an 80 percent reduction for micro entities. See Reducing Patent Fees for Small Entities and Micro Entities Under the Unleashing American Innovators Act of 2022, 88 FR 17147 (March 22, 2023). See MPEP § 509.04.
Consistent with the requirement in 35 U.S.C. 257(d) to establish fees, 37 CFR 1.610(a) requires that the request be accompanied by the fee for filing a request for supplemental examination as set forth in 37 CFR 1.20(k)(1), the fee for ex parte reexamination ordered as a result of a supplemental examination proceeding as set forth in 37 CFR 1.20(k)(2), and any applicable document size fees as set forth in 37 CFR 1.20(k)(3). These fees qualify for a 60 percent reduction for small entities and an 80 percent reduction for micro entities. See Reducing Patent Fees for Small Entities and Micro Entities Under the Unleashing American Innovators Act of 2022, 88 FR 17147 (March 22, 2023). See MPEP § 509.04.
Consistent with the requirement in 35 U.S.C. 257(d) to establish fees, 37 CFR 1.610(a) requires that the request be accompanied by the fee for filing a request for supplemental examination as set forth in 37 CFR 1.20(k)(1), the fee for ex parte reexamination ordered as a result of a supplemental examination proceeding as set forth in 37 CFR 1.20(k)(2), and any applicable document size fees as set forth in 37 CFR 1.20(k)(3). These fees qualify for a 60 percent reduction for small entities and an 80 percent reduction for micro entities. See Reducing Patent Fees for Small Entities and Micro Entities Under the Unleashing American Innovators Act of 2022, 88 FR 17147 (March 22, 2023). See MPEP § 509.04.
Supplemental Examination
If all of the required fees for supplemental examination are not paid at the time the request is filed, the request will be considered to be defective, and a filing date will not be granted. See 37 CFR 1.610(d) and MPEP § 2812.01 et seq. If, after notification of the failure to pay all of the required fees, the fees are not timely received, then the request will not receive a filing date, the processing of the request will be terminated, and a refund in accordance with 37 CFR 1.610(d) of any fees paid will be made to the patent owner.
Fee Requirements
If all of the required fees for supplemental examination are not paid at the time the request is filed, the request will be considered to be defective, and a filing date will not be granted. See 37 CFR 1.610(d) and MPEP § 2812.01 et seq. If, after notification of the failure to pay all of the required fees, the fees are not timely received, then the request will not receive a filing date, the processing of the request will be terminated, and a refund in accordance with 37 CFR 1.610(d) of any fees paid will be made to the patent owner.
Reexamination Certificate
The fee under 37 CFR 1.20(k)(2) for ex parte reexamination ordered as a result of a supplemental examination proceeding will be refunded, in accordance with 37 CFR 1.610(d), if the supplemental examination certificate indicates that no substantial new question of patentability (SNQ) was raised by any of the items of information properly submitted as part of the request, and reexamination is not ordered.
Citations
| Primary topic | Citation |
|---|---|
| Reexamination Order | 35 U.S.C. § 257(d) |
| Reexamination Order | 37 CFR § 1.20(k)(1) |
| Reexamination Certificate Reexamination Order | 37 CFR § 1.20(k)(2) |
| Reexamination Order | 37 CFR § 1.20(k)(3) |
| Reexamination Order | 37 CFR § 1.610(a) |
| Fee Requirements Reexamination Certificate Supplemental Examination | 37 CFR § 1.610(d) |
| Fee Requirements Supplemental Examination | MPEP § 2812.01 |
| Reexamination Order | MPEP § 509.04 |
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 § 2810 — Fees Due on Filing a Supplemental Examination Request
Source: USPTO2810 Fees Due on Filing a Supplemental Examination Request [R-01.2024]
37 CFR 1.610 Content of request for supplemental examination.
- (a) A request for supplemental examination must be accompanied by the fee for filing a request for supplemental examination as set forth in § 1.20(k)(1), the fee for reexamination ordered as a result of a supplemental examination proceeding as set forth in § 1.20(k)(2), and any applicable document size fees as set forth in § 1.20(k)(3).
*****
- (d) The filing date of a request for supplemental examination will not be granted if the request is not in compliance with §§ 1.605, 1.615, and this section, subject to the discretion of the Office. If the Office determines that the request, as originally submitted, is not entitled to a filing date, the patent owner will be so notified and will be given an opportunity to complete the request within a specified time. If the patent owner does not timely comply with the notice, the request for supplemental examination will not be granted a filing date and the fee for reexamination as set forth in § 1.20(k)(2) will be refunded. If the patent owner timely files a corrected request in response to the notice that properly addresses all of the defects set forth in the notice and that otherwise complies with all of the requirements of §§ 1.605, 1.615, and this section, the filing date of the supplemental examination request will be the receipt date of the corrected request.
Consistent with the requirement in 35 U.S.C. 257(d) to establish fees, 37 CFR 1.610(a) requires that the request be accompanied by the fee for filing a request for supplemental examination as set forth in 37 CFR 1.20(k)(1), the fee for ex parte reexamination ordered as a result of a supplemental examination proceeding as set forth in 37 CFR 1.20(k)(2), and any applicable document size fees as set forth in 37 CFR 1.20(k)(3). These fees qualify for a 60 percent reduction for small entities and an 80 percent reduction for micro entities. See Reducing Patent Fees for Small Entities and Micro Entities Under the Unleashing American Innovators Act of 2022, 88 FR 17147 (March 22, 2023). See MPEP § 509.04.
If all of the required fees for supplemental examination are not paid at the time the request is filed, the request will be considered to be defective, and a filing date will not be granted. See 37 CFR 1.610(d) and MPEP § 2812.01et seq. If, after notification of the failure to pay all of the required fees, the fees are not timely received, then the request will not receive a filing date, the processing of the request will be terminated, and a refund in accordance with 37 CFR 1.610(d) of any fees paid will be made to the patent owner.
The fee under 37 CFR 1.20(k)(2) for ex parte reexamination ordered as a result of a supplemental examination proceeding will be refunded, in accordance with 37 CFR 1.610(d), if the supplemental examination certificate indicates that no substantial new question of patentability (SNQ) was raised by any of the items of information properly submitted as part of the request, and reexamination is not ordered.