What is supplemental examination and how does it relate to ex parte reexamination?

Supplemental examination is a proceeding introduced by the America Invents Act (AIA) that allows patent owners to request the USPTO to consider, reconsider, or correct information relevant to their patent. If a substantial new question of patentability is raised, an ex parte reexamination will be ordered. The MPEP explains:

“Section 12 of the AIA added new 35 U.S.C. 257, which provides for a proceeding titled ‘supplemental examination’ that may be requested by the patent owner to consider, reconsider, or correct information believed to be relevant to the patent in accordance with requirements which have been established by the Office.”

Key points about supplemental examination:

• It’s not limited to patents and printed publications
• Can include issues of patentability under 35 U.S.C. 101 and 35 U.S.C. 112
• If a substantial new question of patentability is raised, ex parte reexamination is ordered under 35 U.S.C. 257

For detailed procedures, refer to MPEP Chapter 2800.

To learn more:

• supplemental examination
• ex parte reexamination
• AIA
• patent owner