Can audio or video recordings be submitted as items of information in supplemental examination?

According to MPEP 2809, audio or video recordings cannot be directly submitted as items of information in supplemental examination. The MPEP states:

“The Office does not currently have the capability of retaining records in unwritten form. For this reason, any audio or video recording must be submitted in the form of a written transcript in order to be considered.”

However, the MPEP provides guidance on how to submit information from audio or video sources:

  • Submit a written transcript of the audio or video recording.
  • For video recordings, you may also submit “copies of selected images of the video, and a discussion of the correlation between the transcript and the copies of the video images.”

This requirement ensures that all items of information are in a format that can be easily reviewed and retained by the USPTO while still allowing patent owners to present relevant information from audio or video sources.

To learn more:

Topics: MPEP 2800 - Supplemental Examination, MPEP 2809 - Items Of Information, Patent Law, Patent Procedure
Tags: Audio Recordings, Patent Review, supplemental examination, USPTO, Video Recordings