What happens if a patent owner submits an improper notification during supplemental examination?
If a patent owner submits an improper notification during supplemental examination, the USPTO will treat it as an unauthorized paper. According to MPEP 2820:
“If the paper containing the notice is not so limited, the paper will be held to be improper, and will be processed as an unauthorized paper pursuant to 37 CFR 1.620(c).“
An improper notification may include:
- Discussion of issues in the current supplemental examination
- Discussion of issues in the identified post-patent Office proceeding(s)
- Copies of papers filed in prior or concurrent Office proceedings
- Any additional arguments or information beyond the required identification details
Processing as an unauthorized paper under 37 CFR 1.620(c) typically means the paper will not be entered into the supplemental examination file or considered by the Office. This could potentially impact the supplemental examination process and the patent owner’s compliance with notification requirements.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2820 - Submission Of Notification Of Other Prior Or Concurrent Post - Patent Office Proceedings,
Patent Law,
Patent Procedure