What types of information can be considered in a supplemental examination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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.
Supplemental examination is not limited to patents and printed publications. The MPEP states:
“The information presented in a request for supplemental examination is not limited to patents and printed publications, and may include, for example, issues of patentability under 35 U.S.C. 101 and 112.”
This means that patent owners can request consideration of a wide range of issues, including subject matter eligibility, enablement, written description, and indefiniteness.
Topics:
MPEP 2800 - Supplemental Examination
MPEP 2802 - Supplemental Examination
Patent Law
Patent Procedure