What happens if a corrected supplemental examination request is not filed in time?
What happens if a corrected supplemental examination request is not filed in time?
If a corrected supplemental examination request is not filed within the specified time period, several consequences follow:
- The request will not be granted a filing date.
- The request may be treated as a nonconforming request.
- The fee for reexamination may be refunded.
According to MPEP 2812.02:
“If a proper correction is not received within the time period set, the request will not be granted a filing date and may be treated as a nonconforming request. See 37 CFR 1.610(d).”
It’s crucial for patent owners to adhere to the correction deadline to avoid these outcomes and ensure their supplemental examination request is properly processed.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2812.02 - Noncompliant Request For Supplemental Examination,
Patent Law,
Patent Procedure