What is the time limit for correcting a noncompliant supplemental examination request?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.
Topics: MPEP 2800 - Supplemental Examination MPEP 2812.02 - Noncompliant Request For Supplemental Examination Patent Law Patent Procedure
Tags: Correspondence General, Fees 1 20