Can an exclusive licensee file a request for supplemental examination?
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.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2803 - Persons Who May File A Request For Supplemental Examination,
Patent Law,
Patent Procedure