What is the timeframe for the USPTO to decide on a supplemental examination request?
According to MPEP 2815, the USPTO has a specific timeframe to decide on a supplemental examination request. The manual states:
“Within three months after the filing date of a request for supplemental examination, the Office will determine whether a substantial new question of patentability affecting any claim of the patent is raised by any of the items of information presented in the request.”
This three-month period is mandated by 35 U.S.C. 257(a) and 37 CFR 1.620(a). The determination is generally limited to reviewing the items of information identified in the request as applied to the identified patent claims.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2815 - Time For Deciding Request,
Patent Law,
Patent Procedure