What is the time limit for correcting a noncompliant supplemental examination request?
What is the time limit for correcting a noncompliant supplemental examination request?
The time limit for correcting a noncompliant supplemental examination request is typically 30 days from the mailing date of the notice of noncompliance. This is specified in MPEP 2812.02:
“The patent owner will be given a time period of 30 days or one month, whichever is longer, within which to file a corrected request.”
It’s important to note that:
- The time period is non-extendable.
- If a proper correction is not received within the time period, the request will not be granted a filing date.
- The request may be treated as a nonconforming request, and the fee for reexamination may be refunded.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2812.02 - Noncompliant Request For Supplemental Examination,
Patent Law,
Patent Procedure