What is the scope of the USPTO’s determination in a supplemental examination?
The MPEP 2815 outlines the scope of the USPTO’s determination in a supplemental examination:
“The determination will generally be limited to a review of the item(s) of information identified in the request as applied to the identified claim(s) of the patent. The determination will be based on the claims in effect at the time of the determination and will become a part of the official record of the patent.”
This means that the examiner focuses specifically on the information and claims identified in the request, rather than conducting a comprehensive review of the entire patent. The examination is based on the current version of the claims, and the results become part of the patent’s official record.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2815 - Time For Deciding Request,
Patent Law,
Patent Procedure