How does the USPTO handle minor defects in a supplemental examination request?
The USPTO has a specific approach to handling minor defects in supplemental examination requests. 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 generally grant a filing date to a defective request…
Read MoreHow 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 MoreCan 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…
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