How does the USPTO handle minor defects in a corrected request for supplemental examination?
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…
Read MoreHow should a corrected request for supplemental examination be submitted to the USPTO?
A corrected request for supplemental examination can be submitted electronically or in paper form. The MPEP states, “The corrected request may be submitted using the Office’s Web-based electronic filing system (EFS-Web) at www.uspto.gov, or, if filed in paper form, may be addressed to the Central Reexamination Unit (CRU), Attn: ‘Mail Stop Supplemental Examination’.” It’s important…
Read MoreWhat happens if a proper corrected request is timely filed for supplemental examination?
When a proper corrected request is timely filed for supplemental examination, it establishes the filing date for the supplemental examination request. The MPEP states, “If a proper corrected request is timely filed, the filing date of the supplemental examination request will be the receipt date of the corrected request. The Office will mail a Notice…
Read MoreWhat happens if a supplemental examination request is found to be defective?
If a supplemental examination request is found to be defective, the following process occurs: The USPTO will not grant a filing date to the request, subject to the Office’s discretion. The patent owner will be notified of the defects and given an opportunity to correct them within a specified time. If the patent owner does…
Read MoreWhat is a corrected request in supplemental examination?
A corrected request in supplemental examination is the patent owner’s one opportunity to address defects in their original supplemental examination request. As stated in the MPEP, “The patent owner has one opportunity to file a corrected request in response to a Notice of Noncompliant Supplemental Examination Request (37 CFR 1.610(d)).” This corrected request must address…
Read MoreWhat should be included in a corrected request for supplemental examination?
A corrected request for supplemental examination must be comprehensive and include all necessary components. The MPEP states, “The corrected request must include all of the components that the patent owner intends to include as part of the request, such as, for example, the request itself, copies of each of the items of information, a copy…
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