How should items of information be listed in a supplemental examination request?

According to MPEP 2811, the list of items of information in a supplemental examination request must meet specific requirements:

  • The list must include each item of information submitted with or as part of the request.
  • Where appropriate, the list must meet the requirements of 37 CFR 1.98(b), including publication dates and identification details for U.S. patents.
  • For discussions within the request, the list must include the relevant pages and a brief description.
  • The list should clearly correspond to any copies provided and to the detailed explanations required by 37 CFR 1.610(b)(5).

The MPEP states: “Patent owners are strongly encouraged to use Part B of Office Form PTO/SB/59 to provide the list.” This form can help ensure all required information is properly listed.

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Topics: MPEP 2800 - Supplemental Examination, MPEP 2811 - Content Of Request For Supplemental Examination, Patent Law, Patent Procedure
Tags: Items Of Information, Patent Request, supplemental examination, USPTO Forms