What is the time frame for the USPTO to issue a supplemental examination certificate?
The USPTO has a specific time frame for issuing a supplemental examination certificate. According to MPEP 2816: “The Office will issue a supplemental examination certificate within three months of the filing date of the request.” This three-month period is statutorily mandated by 35 U.S.C. 257(a). The certificate will indicate whether the items of information presented…
Read MoreWhat happens if no Substantial New Question of Patentability is raised?
If the supplemental examination certificate states that no Substantial New Question of Patentability (SNQ) is raised, no further action is taken. As stated in MPEP 2817: “If, however, the supplemental examination certificate states that no substantial new question of patentability is raised in the request, then an ex parte reexamination proceeding will not be initiated…
Read MoreWhen is the ex parte reexamination fee refunded in a supplemental examination proceeding?
The ex parte reexamination fee paid as part of a supplemental examination request may be refunded under specific circumstances. According to the MPEP: “The fee under 37 CFR 1.20(k)(2) for ex parte reexamination ordered as a result of a supplemental examination proceeding will be refunded, in accordance with 37 CFR 1.610(d), if the supplemental examination…
Read More