MPEP § 2812.04 — Termination Due to Defective/Improper Request or Corrected Request (Annotated Rules)
§2812.04 Termination Due to Defective/Improper Request or Corrected Request
This page consolidates and annotates all enforceable requirements under MPEP § 2812.04, 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.
Termination Due to Defective/Improper Request or Corrected Request
This section addresses Termination Due to Defective/Improper Request or Corrected Request. Contains: 1 permission.
Key Rules
Supplemental Examination
If, in response to a Notice of Noncompliant Supplemental Examination Request (37 CFR 1.610(d)), a proper corrected request is not filed or is not timely received, or if the corrected request is defective/improper (for example, if the corrected request does not address all of the defects set forth in the notice, or introduces a new defect which was not present in the original request), the request will not be granted a filing date, and the processing of the request will be terminated.
A single failure to comply with the Notice of Noncompliant Supplemental Examination Request (37 CFR 1.610(d)) will ordinarily result in the request not being granted a filing date. 37 CFR 1.610(d) provides that "[i]f the patent owner does not timely comply with the notice, the request for supplemental examination will not be granted a filing date." Thus, absent extraordinary circumstances, the patent owner will be given only one opportunity to correct the original request.
A single failure to comply with the Notice of Noncompliant Supplemental Examination Request (37 CFR 1.610(d)) will ordinarily result in the request not being granted a filing date. 37 CFR 1.610(d) provides that "[i]f the patent owner does not timely comply with the notice, the request for supplemental examination will not be granted a filing date." Thus, absent extraordinary circumstances, the patent owner will be given only one opportunity to correct the original request.
Maintenance Fee Payment
When terminating the request, the Office will mail a Notice of Termination, which will notify the patent owner of the defects found in the corrected request, or of the lack of receipt, or timely receipt, of a corrected request. The fee for reexamination as set forth in 37 CFR 1.20(k)(2), if paid, will be refunded. The control number assigned to the request will be retained, but the request will not be granted a filing date, and will not be further considered. The request papers will not be returned, but will remain unavailable to the public. See MPEP § 2813, subsection II.
When terminating the request, the Office will mail a Notice of Termination, which will notify the patent owner of the defects found in the corrected request, or of the lack of receipt, or timely receipt, of a corrected request. The fee for reexamination as set forth in 37 CFR 1.20(k)(2), if paid, will be refunded. The control number assigned to the request will be retained, but the request will not be granted a filing date, and will not be further considered. The request papers will not be returned, but will remain unavailable to the public. See MPEP § 2813, subsection II.
When terminating the request, the Office will mail a Notice of Termination, which will notify the patent owner of the defects found in the corrected request, or of the lack of receipt, or timely receipt, of a corrected request. The fee for reexamination as set forth in 37 CFR 1.20(k)(2), if paid, will be refunded. The control number assigned to the request will be retained, but the request will not be granted a filing date, and will not be further considered. The request papers will not be returned, but will remain unavailable to the public. See MPEP § 2813, subsection II.
Post-Issuance & Maintenance Fees
When terminating the request, the Office will mail a Notice of Termination, which will notify the patent owner of the defects found in the corrected request, or of the lack of receipt, or timely receipt, of a corrected request. The fee for reexamination as set forth in 37 CFR 1.20(k)(2), if paid, will be refunded. The control number assigned to the request will be retained, but the request will not be granted a filing date, and will not be further considered. The request papers will not be returned, but will remain unavailable to the public. See MPEP § 2813, subsection II.
Statutory Authority for Examination
Citations
| Primary topic | Citation |
|---|---|
| Maintenance Fee Payment Post-Issuance & Maintenance Fees | 37 CFR § 1.20(k)(2) |
| Supplemental Examination | 37 CFR § 1.610(d) |
| Maintenance Fee Payment Post-Issuance & Maintenance Fees | MPEP § 2813 |
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 § 2812.04 — Termination Due to Defective/Improper Request or Corrected Request
Source: USPTO2812.04 Termination Due to Defective/Improper Request or Corrected Request [R-11.2013]
If, in response to a Notice of Noncompliant Supplemental Examination Request (37 CFR 1.610(d)), a proper corrected request is not filed or is not timely received, or if the corrected request is defective/improper (for example, if the corrected request does not address all of the defects set forth in the notice, or introduces a new defect which was not present in the original request), the request will not be granted a filing date, and the processing of the request will be terminated.
A single failure to comply with the Notice of Noncompliant Supplemental Examination Request (37 CFR 1.610(d)) will ordinarily result in the request not being granted a filing date. 37 CFR 1.610(d) provides that “[i]f the patent owner does not timely comply with the notice, the request for supplemental examination will not be granted a filing date.” Thus, absent extraordinary circumstances, the patent owner will be given only one opportunity to correct the original request.
When terminating the request, the Office will mail a Notice of Termination, which will notify the patent owner of the defects found in the corrected request, or of the lack of receipt, or timely receipt, of a corrected request. The fee for reexamination as set forth in 37 CFR 1.20(k)(2), if paid, will be refunded. The control number assigned to the request will be retained, but the request will not be granted a filing date, and will not be further considered. The request papers will not be returned, but will remain unavailable to the public. See MPEP § 2813, subsection II.
If, after receiving a Notice of Termination, the patent owner still desires to request supplemental examination of the patent, the patent owner may file a new request for supplemental examination, which is complete and includes the missing information identified by the Office in the notice.