Can I use facsimile transmission to file a request for supplemental examination?

No, requests for supplemental examination cannot be facsimile-transmitted. This prohibition also applies to corrected requests filed in response to a Notice of Noncompliant Supplemental Examination Request.

The MPEP clearly states: “Requests for supplemental examination may not be facsimile-transmitted. This is also true for a corrected request that is filed in response to a Notice ofNoncompliant Supplemental Examination Request (see MPEP §§ 2812.02 – 2812.03), since the corrected request stands in place of the original request.” (MPEP 2806)

However, other papers to be filed in a supplemental examination proceeding (except for the initial request or a corrected request) and papers for a resulting reexamination proceeding may be facsimile-transmitted to the Central Reexamination Unit at (571) 273-9900, if they meet the criteria for proper filing via facsimile in accordance with reexamination practice.

To learn more:

Topics: MPEP 2800 - Supplemental Examination, MPEP 2806 - How To File Papers In A Supplemental Examination Proceeding And In Any Resulting Ex Parte Reexamination Proceeding, Patent Law, Patent Procedure
Tags: Facsimile Transmission, Filing Procedures, supplemental examination, USPTO