Can an exclusive licensee file a request for supplemental examination?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. No, an exclusive licensee cannot file a request for supplemental examination. The MPEP 2803 clearly states: “ The statute does not authorize the Office to accept a request for supplemental examination from a party who is not the patent owner. For example, a party who merely states that it is an exclusive licensee or that it is a person with sufficient proprietary interest under 35 U.S.C. 118 is not eligible to file a request for supplemental examination. ” Only the owner(s) of the entire right, title, and interest in the patent can file such a request. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Request for Supplemental Examination Must Be Filed by Patent Owner MPEP 2803 Request for Supplemental Examination Must Be Filed by Patent Owner MPEP 2803 Required Patent Owner Can Request Supplemental Examination MPEP 2803 Permitted Only Patent Owner Can File Supplemental Examination Request MPEP 2803 Patent Ownership Must Be Identified for Supplemental Examination MPEP 2803 Required Request Must Be Filed by Patent Owner MPEP 2803 Required Legal Representative May File Supplemental Examination Request MPEP 2803 Permitted Legal Representative May Join Supplemental Examination Petition When Owner Is Incapacitated MPEP 2803 Prohibited Court Determination Needed for Dissolved Organization's Patent Rights MPEP 2803 Permitted Heirs of Deceased Joint Owner Can Join Request for Supplemental Examination MPEP 2803 Permitted Other Related FAQs 5 FAQs Collapse Can a legal representative file a request for supplemental examination? What ownership documentation is required for a supplemental examination request? Can a partial patent owner file a request for supplemental examinatio...