How 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 submission from the patent owner in order to correct the defect(s).” This means the USPTO may choose to accept a slightly defective request and correct minor issues on its own or ask the patent owner for additional information to address the defects.

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Topics: MPEP 2800 - Supplemental Examination, MPEP 2812.03 - Corrected Request, Patent Law, Patent Procedure
Tags: Corrected Request, Minor Defects, supplemental examination, Uspto Discretion