Who can file a request for supplemental examination?
According to MPEP 2811, a request for supplemental examination must be filed by the owner(s) of the entire right, title, and interest in the patent. This requirement is specified in 37 CFR 1.601(a).
The MPEP explains: “This is because the scope of a patent may be changed (e.g., by cancellation or amendment of the claims) during any ex parte reexamination proceeding that may be ordered as a result of the supplemental examination proceeding, and this change must be binding on all parties having an ownership interest in the patent.”
In rare circumstances, the USPTO may permit less than all owners to file a request if a grantable petition under 37 CFR 1.183 requesting waiver of the provisions of 37 CFR 3.71 and 3.73(c) is filed. For more information on this, refer to MPEP § 2803.
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