Can I file papers for a supplemental examination proceeding electronically?
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.
Yes, patent owners can submit papers in a supplemental examination proceeding electronically via the USPTO’s Web-based electronic filing system (EFS-Web). The MPEP encourages electronic submission of requests for supplemental examination and subsequent correspondence.
To file electronically:
- For a new supplemental examination request, select “New application/proceeding” in EFS-Web, then choose “Supplemental Examination.”
- For papers in an existing proceeding, select “Existing application/patent/proceeding” and “Documents/Fees for an existing application/proceeding,” then enter the assigned control number and confirmation number.
The MPEP provides guidance: “Patent owners may submit papers in a supplemental examination proceeding via the Office’s Web-based electronic filing system (EFS-Web), available by accessing the Office’s website, www.uspto.gov. The electronic submission of requests for supplemental examination and “follow-on” papers (i.e., subsequent correspondence in the proceedings) is encouraged.” (MPEP 2806)