What happens if a request for supplemental examination is found noncompliant?
What happens if a request for supplemental examination is found noncompliant?
If a request for supplemental examination is found to be noncompliant, the following process occurs:
- The Office will notify the patent owner of the reasons for noncompliance.
- The patent owner is given a single opportunity to correct the noncompliance.
- A corrected request must be filed within a specified time period, usually 30 days.
- The corrected request must address all the reasons for noncompliance outlined in the notice.
As stated in MPEP 2812.02: “If the request is not compliant, the Office will notify the patent owner of the reasons for noncompliance and provide a single opportunity to correct the noncompliance.”
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2812.02 - Noncompliant Request For Supplemental Examination,
Patent Law,
Patent Procedure