How are petitions handled in a supplemental examination proceeding?

MPEP 2813 addresses the handling of petitions in supplemental examination proceedings. According to the guidelines:

“37 CFR 1.620(b) provides that the Office may hold in abeyance an action on any petition or other paper filed in a supplemental examination proceeding until after the proceeding is concluded by the electronic issuance of the supplemental examination certificate as set forth in 37 CFR 1.625.“

The MPEP further explains that the most relevant type of petition anticipated in a supplemental examination proceeding would involve the filing date of the request. However, this is not directly relevant to determining whether any of the items of information submitted with the request raises a Substantial New Question of Patentability (SNQ).

Holding decisions on such petitions in abeyance helps the Office make the SNQ determination within the three-month statutory period.

To learn more:

• supplemental examination
• petitions
• USPTO procedures
• patent law