What happens to the reexamination fee if a supplemental examination request is not granted a filing date?
If a supplemental examination request is not granted a filing date due to non-compliance with the requirements, the USPTO has a specific policy regarding the reexamination fee. According to MPEP 2812.01:
“If the patent owner does not timely comply with the notice, the request for supplemental examination will not be granted a filing date and the fee for reexamination as set forth in § 1.20(k)(2) will be refunded.”
This means that if the patent owner fails to correct the deficiencies in the request within the specified time frame, not only will the request be denied a filing date, but the USPTO will also refund the reexamination fee. This policy ensures that patent owners are not financially penalized for requests that do not proceed to the examination stage due to formal deficiencies.
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