What is the requirement for notifying the USPTO about other post-patent proceedings during supplemental examination?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
According to MPEP 2820, patent owners must notify the USPTO as soon as possible about any other prior or concurrent post-patent Office proceedings involving the patent under supplemental examination. This requirement is outlined in 37 CFR 1.620(d), which states:
“The patent owner must, as soon as possible upon the discovery of any other prior or concurrent post-patent Office proceeding involving the patent for which the current supplemental examination is requested, file a paper limited to notifying the Office of the post-patent Office proceeding, if such notice has not been previously provided with the request.“
This notification is crucial for ensuring a quality determination and adhering to the statutory three-month period for concluding the supplemental examination.