How are supplemental examination requests processed if multiple requests are filed for the same patent?
When multiple requests for supplemental examination are filed for the same patent, the USPTO follows a specific procedure:
- Requests are processed in the order they are received.
- Each request must be complete and comply with 37 CFR 1.610 to be accorded a filing date.
- The Office will generally process, examine, and conclude a given supplemental examination proceeding before beginning to process any subsequent request for supplemental examination of the same patent.
MPEP 2812 states: “If multiple requests for supplemental examination of the same patent are filed, the Office will generally process and examine the requests in the order in which they are received.”
This approach ensures that each request is given proper consideration and that the examination process remains orderly and efficient.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2812 - Initial Processing Of A Request For Supplemental Examination,
Patent Law,
Patent Procedure