What happens if a supplemental examination request is found to be defective?

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 supplemental examination request is found to be defective, the following process occurs:

1. The USPTO will not grant a filing date to the request, subject to the Office’s discretion.
2. The patent owner will be notified of the defects and given an opportunity to correct them within a specified time.
3. If the patent owner does not timely comply, the request will not be granted a filing date, and the reexamination fee will be refunded.
4. If the patent owner timely files a corrected request addressing all defects, the filing date will be the receipt date of the corrected request.

According to MPEP 2812.01:

“If the Office determines that the request, as originally submitted, is not entitled to a filing date, the patent owner will be so notified and will be given an opportunity to complete the request within a specified time.”

The USPTO will issue a “Notice of Noncompliant Supplemental Examination Request (37 CFR 1.610(d))” detailing the defects in the request.