What happens if the fees for a supplemental examination request are insufficient?
If the fees submitted for a supplemental examination request are insufficient, the USPTO has a specific process to address this issue. According to MPEP 2812:
“If the fees submitted are inadequate, … a notice will be mailed to the patent owner stating that the request lacks the necessary fees to be accorded a filing date.”
The process typically involves:
- Notification to the patent owner about the fee deficiency
- A period of time (usually 30 days) to submit the correct fees
- If fees are not corrected, the request may not be granted a filing date
It’s crucial for patent owners to ensure that all required fees, including the supplemental examination fee and any ex parte reexamination fee, are paid in full to avoid delays or potential denial of the request.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2812 - Initial Processing Of A Request For Supplemental Examination,
Patent Law,
Patent Procedure