What is the relationship between supplemental examination and ex parte reexamination?

Supplemental examination and ex parte reexamination are closely linked processes. The MPEP 2816.03 states:

“If the determination concludes that a substantial new question of patentability is raised by one or more items of information in the request, ex parte reexamination of the patent will be ordered under 35 U.S.C. 257.”

This means:

• Supplemental examination is the initial review process
• If a substantial new question of patentability (SNQ) is found during supplemental examination, it triggers an ex parte reexamination
• The ex parte reexamination allows for a more in-depth review of the patent’s validity
• This process provides a mechanism for patent owners to address potential issues and strengthen their patents

To learn more:

• supplemental examination
• ex parte reexamination
• patent review process