How does the USPTO handle minor defects in a supplemental examination request?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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 unless the request contains only minor defects, such as minor formatting defects (e.g., improper margins, etc.).” This means that: The USPTO has discretion to grant a filing date even if the request has defects. Minor defects, particularly formatting issues like improper margins, may not prevent the granting of a filing date. More substantial defects are likely to result in the USPTO not granting a filing date and issuing a notice of non-compliance. This approach allows for some flexibility in the filing process while still maintaining the integrity and completeness of the supplemental examination requests. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Filing Date for Minor Defects in Supplemental Examination Requests MPEP 2812.01 Notice of Noncompliant Supplemental Examination Request Required MPEP 2812.01 Notice of Noncompliant Supplemental Examination Request MPEP 2812.02 Notice of Noncompliant Supplemental Examination Request MPEP 2812.02 Permitted Requirements for Supplemental Examination Filing Date MPEP 2812.01 Required Central Reexamination Unit Determines Supplemental Exam Filing Date MPEP 2812.01 Notice Will Be Sent to Record Correspondence Address MPEP 2812.02 Attachment Required for Non-Compliant Request MPEP 2812.02 Office Correspondence to Patent Owner MPEP 2804 Patent Owners or Record Agent Can Sign Change Request M...