What documents must be included with a supplemental examination request?
According to MPEP 2811, the following documents must be included with a supplemental examination request:
- A copy of the patent for which supplemental examination is requested, including the specification and claims in double column format
- A copy of any disclaimer or certificate issued for the patent
- Copies of each item of information listed in the request, except for U.S. patents and U.S. patent application publications
- English translations of any non-English language documents
The MPEP states: “The requirement of 37 CFR 1.610(b)(7) is important because it allows for all materials to be available to the examiner for full consideration within the three-month statutory time period for supplemental examination.”
Additionally, for documents over 50 pages in length, a summary of the relevant portions with citations to the particular pages containing the relevant portions must be provided.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2811 - Content Of Request For Supplemental Examination,
Patent Law,
Patent Procedure