How does the USPTO handle requests for supplemental examination that only include correction of factual information?

When a request for supplemental examination only includes information limited to the correction of factual information (such as correcting a foreign priority or domestic benefit claim), it generally does not raise a substantial new question of patentability (SNQ) by itself.

The MPEP states: An item of information limited to a correction of factual information, alone, may not raise a substantial new question of patentability (SNQ).

In such cases:

• The supplemental examination certificate will state that no SNQ is raised in the request.
• The reasons for the SNQ determination will indicate that the information regarding the correction of factual information did not raise a SNQ because the patent owner did not include additional items of information that caused the patentability of the claims to depend upon the corrected factual information.

The USPTO recommends including additional items of information that potentially provide evidence that the patentability of the claims depends on the factual information to be corrected.

To learn more:

• Supplemental Examination
• Factual Information Correction
• Patent Claims
• USPTO Procedures