How should I submit a request for supplemental examination?
A request for supplemental examination should be submitted as a new, separate, and independent submission. It should not be deposited in the file of the patent for which supplemental examination is requested, or in any other application, patent, or proceeding file. The request should be clearly identified with a heading such as “REQUEST FOR SUPPLEMENTAL EXAMINATION” at the top of the first page.
The MPEP states: “A request for supplemental examination should be deposited as a new, separate, and independent submission, and should not be deposited in the file of the patent for which supplemental examination is requested, or in the file of any other application, patent, or proceeding.” (MPEP 2806)
It is recommended to use the form PTO/SB/59 titled “Request for Supplemental Examination Transmittal Form,” which is available on the USPTO website.
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