What happens if all required fees are not paid when filing a supplemental examination request?
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.”
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2810 - Fees Due On Filing A Supplemental Examination Request,
Patent Law,
Patent Procedure