How can a patent owner file a corrected request in response to a Notice of Noncompliant Supplemental Examination Request?
The patent owner has one opportunity to file a corrected request in response to a Notice of Noncompliant Supplemental Examination Request.
- If the corrected request is compliant with filing date requirements, the Office will grant the corrected request a filing date as of its receipt date.
- If the correct fees were already paid, the fees do not have to be resubmitted with the corrected request.
- A corrected request may be filed via the Office’s electronic filing system or in paper by mail or hand-delivery.
The answer to this question can be found in chapter 2800 of the MPEP. This chapter covers Supplemental Examination.
The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.
This question and answer comes from section 2812 of the MPEP. The following is a brief summary of section 2812.
2812 Initial Processing of a Request for Supplemental Examination
All processing for the supplemental examination and any resulting reexamination will be performed by the Central Reexamination Unit (CRU).