What if not all patent owners can participate in filing a supplemental examination request?

In rare circumstances, the USPTO may allow less than all patent owners to file a request for supplemental examination. According to MPEP 2803: “The Office may, under rare circumstances, permit less than all of the owners to file a request for supplemental examination if a grantable petition under 37 CFR 1.183 requesting waiver of the provisions of 37 CFR 3.71 and 37 CFR 3.73(c) is filed.” Examples of such circumstances include:

• Deceased or legally incapacitated joint owner
• Joint owner refuses to join or cannot be found after diligent effort

In these cases, specific procedures and documentation are required, as outlined in MPEP 409 et seq.

To learn more:

• supplemental examination
• joint owners
• petition
• special circumstances