What happens if a request for supplemental examination fails to comply with 37 CFR 1.610?
If a request for supplemental examination fails to comply with 37 CFR 1.610, the following process occurs:
- The Office will notify the patent owner of any defects in the request.
- The patent owner is given a non-extendable period of 30 days to correct the defects.
- If the defects are not corrected within the 30-day period, the request will not be granted a filing date and will not be entitled to a refund of the fee for reexamination.
As stated in the MPEP 2812: “If the request fails to comply with any of the requirements of 37 CFR 1.610, the patent owner will be given a single opportunity to correct the defects in the request.”
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2812 - Initial Processing Of A Request For Supplemental Examination,
Patent Law,
Patent Procedure