What are the restrictions on the content of the notification for other post-patent proceedings?
The MPEP 2820 outlines specific restrictions on the content of notifications for other post-patent proceedings during supplemental examination:
- The notice must be limited to identification of the post-patent Office proceeding.
- It must not include any discussion of the issues in the current supplemental examination or the identified post-patent Office proceeding(s).
- The notice must not include copies of papers filed in prior or concurrent Office proceedings.
The MPEP states: “A notice pursuant to 37 CFR 1.620(d) must not include copies of papers filed in a prior or concurrent Office proceeding.“
If the notification includes any information beyond these limitations, it will be considered improper and processed as an unauthorized paper under 37 CFR 1.620(c).
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