What happens to the reexamination fee if no SNQ is raised in supplemental examination?
If no Substantial New Question of patentability (SNQ) is raised during supplemental examination, the fee for reexamination is refunded. According to MPEP 2818: “The fee for reexamination ordered as a result of supplemental examination, as set forth in 37 CFR 1.20(k)(2), will be refunded in accordance with 37 CFR 1.610(d).” This refund policy ensures that…
Read MoreWhat happens to the reexamination fee if a supplemental examination request is not granted a filing date?
If a supplemental examination request is not granted a filing date due to non-compliance with the requirements, the USPTO has a specific policy regarding the reexamination fee. According to MPEP 2812.01: “If the patent owner does not timely comply with the notice, the request for supplemental examination will not be granted a filing date and…
Read MoreWhat happens if no Substantial New Question of patentability is raised in supplemental examination?
If the supplemental examination certificate indicates that no Substantial New Question of patentability (SNQ) is raised, the procedure is as follows: Ex parte reexamination will not be ordered under 35 U.S.C. 257. The supplemental examination certificate will be published as an attachment to the patent. The fee for reexamination will be refunded. As stated in…
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