Are there specific rules for submitting patents and patent-related documents in supplemental examination?

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.

Yes, there are specific rules for submitting patents and patent-related documents in supplemental examination. According to MPEP 2807:

“Patents, patent application publications, and third-party-generated affidavits or declarations must not be reduced in size or otherwise modified in the manner described in this paragraph.”

This means that unlike court documents and non-patent literature, which may be redacted, patents and patent-related documents must be submitted in their original form without any modifications, including size reduction or formatting changes.

Topics: MPEP 2800 - Supplemental Examination MPEP 2807 - Format Of Papers Filed In A Supplemental Examination Proceeding Patent Law Patent Procedure
Tags: affidavits, declarations, Document Modification, Patent Application Publications