Can the USPTO grant a filing date to a defective supplemental examination request?
Yes, the USPTO has the discretion to grant a filing date to a defective supplemental examination request, although it is not common practice. According to MPEP 2812.01: “Even if the request is determined to be defective, the Office has the discretion under 37 CFR 1.610(d) to grant a filing date. However, the Office will not…
Read MoreWhat happens if all required fees are not paid when filing a supplemental examination request?
If all required fees for supplemental examination are not paid at the time of filing the request, the following consequences will occur: The request will be considered defective A filing date will not be granted The processing of the request will be terminated A refund of any fees paid will be made to the patent…
Read MoreWhat happens if an ex parte reexamination request is found to be defective?
What happens if an ex parte reexamination request is found to be defective? If an ex parte reexamination request is found to be defective during the initial screening process, specific procedures are followed. According to MPEP 2226: “If the request for ex parte reexamination is not in accordance with requirements of 37 CFR 1.510, the…
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…
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