What happens if all required fees are not paid when filing a supplemental examination request?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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 all required fees for supplemental examination are not paid at the time of filing the request, the following consequences will occur:

  • The request will be considered defective
  • A filing date will not be granted
  • The processing of the request will be terminated
  • A refund of any fees paid will be made to the patent owner

As stated in the MPEP: “If all of the required fees for supplemental examination are not paid at the time the request is filed, the request will be considered to be defective, and a filing date will not be granted. See 37 CFR 1.610(d) and MPEP § 2812.01 et seq. If, after notification of the failure to pay all of the required fees, the fees are not timely received, then the request will not receive a filing date, the processing of the request will be terminated, and a refund in accordance with 37 CFR 1.610(d) of any fees paid will be made to the patent owner.”

Topics: MPEP 2800 - Supplemental Examination MPEP 2810 - Fees Due On Filing A Supplemental Examination Request Patent Law Patent Procedure
Tags: Fees 1 20