What must a patent owner include in a supplemental examination request?
According to MPEP 2816.01, a patent owner must include specific information in a supplemental examination request:
- “[a] separate, detailed explanation of the relevance and manner of applying each item of information to each claim of the patent for which supplemental examination is requested.”
This requirement is specified in 37 CFR 1.610(b)(5). If the patent owner fails to provide this explanation for any claim, they are not entitled to supplemental examination of that claim. The explanation must be provided for every claim requested to be examined in view of each item of information.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2816.01 - Claims Considered In Making The Determination,
Patent Law,
Patent Procedure