What are the content requirements for a request for supplemental examination?

According to MPEP 2811, the content requirements for a request for supplemental examination are set forth in 37 CFR 1.610(b). The key elements include:

  • Identification of the patent number
  • A list of items of information to be considered, reconsidered, or corrected
  • A list of any other prior or concurrent post-patent Office proceedings
  • Identification of each claim for which supplemental examination is requested
  • A separate, detailed explanation of the relevance and manner of applying each item of information to each claim
  • A copy of the patent and any disclaimer or certificate issued for the patent
  • Copies of items of information (with translations if necessary)
  • A summary of relevant portions of documents over 50 pages
  • Identification of patent owner(s) and submission establishing ownership

The USPTO provides Form PTO/SB/59 to assist in filing requests for supplemental examination.

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Topics: MPEP 2800 - Supplemental Examination, MPEP 2811 - Content Of Request For Supplemental Examination, Patent Law, Patent Procedure
Tags: 37 Cfr 1.610, Content Requirements, supplemental examination, USPTO