What happens if a request for supplemental examination is incomplete?

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.

If a request for supplemental examination is incomplete, the Office will take the following actions:

• A notice will be mailed to the patent owner detailing the defects in the request.
• The patent owner will be given a time period to complete the request.
• This time period is typically 30 days from the mailing date of the notice or 30 days from the date of submission of the request, whichever is later.
• The time period is extendable under 37 CFR 1.136(a) by filing a petition for extension of time.

As stated in MPEP 2812: “If the request is incomplete…the patent owner will be provided with an opportunity to complete the request within a specified time.”