What happens if the USPTO fails to issue a determination on a supplemental examination request within 3 months?
According to MPEP 2816, if the USPTO fails to issue a determination on a supplemental examination request within 3 months, the following occurs:
“If the Office does not issue a determination on the request within 3 months, supplemental examination is deemed to be concluded.” This means that even if the USPTO doesn’t respond within the statutory timeframe, the process is considered complete.
Additionally, the MPEP states: “If supplemental examination is deemed to be concluded because the Office did not meet the 3-month statutory deadline, ex parte reexamination will be initiated under 35 U.S.C. 257(b).” This ensures that the patentee’s request for review is still addressed through the ex parte reexamination process.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2816 - Determination On The Request,
Patent Law,
Patent Procedure