Can a patent owner submit audio or video files for supplemental examination?

While the MPEP 2809 does not explicitly mention audio or video files as items of information for supplemental examination, it does provide a broad definition that could potentially include such media. The MPEP states:

“An “item of information” includes any information which the patent owner believes to be relevant to the patent.”

However, submitting audio or video files presents practical challenges:

• The USPTO’s electronic filing system may not support direct submission of audio/video files
• Examiners need to be able to easily review and cite the information
• The content of audio/video files should be accessible for the official record

To address these issues, patent owners considering submitting audio or video content should:

1. Provide a written transcript or detailed description of the relevant portions of the audio/video
2. Include information about how to access the original audio/video file if necessary
3. Consult with the USPTO or a patent attorney for guidance on the best way to submit such information

It’s important to note that while innovative forms of evidence may be considered, traditional document-based submissions are typically more straightforward and readily accepted in the supplemental examination process.

To learn more:

• supplemental examination
• audio files
• video files
• multimedia evidence
• patent information