When can a supplemental reply be entered in a patent application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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.
A supplemental reply may be entered under specific circumstances, as outlined in 37 CFR 1.111(a)(2). The USPTO may enter a supplemental reply if it is clearly limited to:
- Cancellation of a claim(s)
- Adoption of examiner suggestion(s)
- Placement of the application in condition for allowance
- Reply to an Office requirement made after the first reply was filed
- Correction of informalities (e.g., typographical errors)
- Simplification of issues for appeal
Additionally, a supplemental reply will be entered if filed within the period during which action by the Office is suspended under 37 CFR 1.103(a) or (c).