MPEP § 2803.01 — Inquiries from Persons Other Than the Patent Owner (Annotated Rules)

§2803.01 Inquiries from Persons Other Than the Patent Owner

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 2803.01, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Inquiries from Persons Other Than the Patent Owner

This section addresses Inquiries from Persons Other Than the Patent Owner. Primary authority: 35 U.S.C. 257, 37 CFR 1.601(b), and 37 CFR 1.625. Contains: 1 requirement, 2 prohibitions, 3 guidance statements, 1 permission, and 1 other statement.

Key Rules

Topic

Central Reexamination Unit Processing

3 rules
StatutoryRecommendedAlways
[mpep-2803-01-d88704a78b27268ed73cfabb]
No Discussion with Third Parties Regarding Supplemental Examination
Note:
Office personnel must not discuss supplemental examination proceedings with parties who are not the patent owner.

Office personnel, including both the examining and the technical support staff, should not enter into a discussion with, or answer inquiries from, third parties (i.e., parties who are not the patent owner) regarding a supplemental examination proceeding. A party who is not the patent owner should be referred to the Central Reexamination Unit (CRU) Supervisory Patent Reexamination Specialist (SPRS) in the art unit of the assigned examiner. Only questions on strictly general procedural matters regarding supplemental examination, i.e., not directed to any specific supplemental examination proceeding, may be discussed by the CRU SPRS with that party.

Jump to MPEP Source · 37 CFR 1.601Central Reexamination Unit ProcessingEx Parte ReexaminationSupplemental Examination
StatutoryRecommendedAlways
[mpep-2803-01-b4b83d3f28583075ae14251f]
Inquiry from Non-Patent Owner Referred to CRU SPRS
Note:
A party not the patent owner should be directed to the Central Reexamination Unit Supervisory Patent Reexamination Specialist in the art unit of the assigned examiner for inquiries regarding supplemental examination.

Office personnel, including both the examining and the technical support staff, should not enter into a discussion with, or answer inquiries from, third parties (i.e., parties who are not the patent owner) regarding a supplemental examination proceeding. A party who is not the patent owner should be referred to the Central Reexamination Unit (CRU) Supervisory Patent Reexamination Specialist (SPRS) in the art unit of the assigned examiner. Only questions on strictly general procedural matters regarding supplemental examination, i.e., not directed to any specific supplemental examination proceeding, may be discussed by the CRU SPRS with that party.

Jump to MPEP Source · 37 CFR 1.601Central Reexamination Unit ProcessingEx Parte ReexaminationPTAB Contested Case Procedures
StatutoryPermittedAlways
[mpep-2803-01-63d27222219cf5670b093f40]
General Procedural Questions Only Allowed for Supplemental Examinations
Note:
CRU SPRS can only discuss general procedural matters regarding supplemental examinations with parties not involved in specific proceedings.

Office personnel, including both the examining and the technical support staff, should not enter into a discussion with, or answer inquiries from, third parties (i.e., parties who are not the patent owner) regarding a supplemental examination proceeding. A party who is not the patent owner should be referred to the Central Reexamination Unit (CRU) Supervisory Patent Reexamination Specialist (SPRS) in the art unit of the assigned examiner. Only questions on strictly general procedural matters regarding supplemental examination, i.e., not directed to any specific supplemental examination proceeding, may be discussed by the CRU SPRS with that party.

Jump to MPEP Source · 37 CFR 1.601Central Reexamination Unit ProcessingEx Parte ReexaminationPTAB Contested Case Procedures
Topic

Reexamination Order

2 rules
StatutoryInformativeAlways
[mpep-2803-01-a48d15d635a3ff9690f61ebb]
Third Parties Cannot File Papers in Supplemental Examination
Note:
This rule prohibits third parties from filing papers or participating in any manner during a supplemental examination proceeding.

37 CFR 1.601(b) prohibits third parties from filing papers or otherwise participating in any manner in a supplemental examination proceeding. In addition, because only the patent owner can file the request for supplemental examination, third-party participation is prohibited in any ex parte reexamination ordered under 35 U.S.C. 257 and 37 CFR 1.625, pursuant to ex parte reexamination practice.

Jump to MPEP Source · 37 CFR 1.601(b)Reexamination OrderPTAB JurisdictionEx Parte Reexamination
StatutoryProhibitedAlways
[mpep-2803-01-65b18cd3932a0097f2b02d8d]
Patent Owner Can Request Ex Parte Reexamination
Note:
Only the patent owner can file a request for ex parte reexamination, prohibiting third-party participation.

37 CFR 1.601(b) prohibits third parties from filing papers or otherwise participating in any manner in a supplemental examination proceeding. In addition, because only the patent owner can file the request for supplemental examination, third-party participation is prohibited in any ex parte reexamination ordered under 35 U.S.C. 257 and 37 CFR 1.625, pursuant to ex parte reexamination practice.

Jump to MPEP Source · 37 CFR 1.601(b)Reexamination OrderPTAB JurisdictionEx Parte Reexamination
Topic

SNQ Criteria

2 rules
StatutoryRecommendedAlways
[mpep-2803-01-0c669fecd447af8478db35fa]
CRU Examiners Must Not Discuss SNQ Evidence Consideration
Note:
CRU examiners who have concluded a supplemental examination proceeding must not discuss whether specific references or evidence were considered or would raise a substantial new question of patentability.

Employees of the Office, particularly CRU examiners who have conducted a supplemental examination proceeding that has been concluded, should not discuss or answer inquiries from any person outside the Office as to whether a certain reference or other particular evidence was considered during the proceeding, and whether that reference, or other evidence, would have been determined to raise a substantial new question of patentability, had it been considered during the proceeding. Patent practitioners (or other members of the public) must not address improper inquiries to members of the patent examining corps and to the Office as a whole. Inquiries from members of the public relating to the matters discussed above must, of necessity, be refused and this refusal should not be considered discourteous or an expression of opinion by the Office as to the validity, patentability, or enforceability of the patent.

Jump to MPEP Source · 37 CFR 1.601SNQ CriteriaCentral Reexamination Unit ProcessingSubstantial New Question of Patentability
StatutoryProhibitedAlways
[mpep-2803-01-e79be2297aa81ee637a9540c]
Patent Practitioners Must Not Address Improper Queries to Examining Corps
Note:
Patent practitioners and the public are prohibited from asking improper questions about references considered during patent examination proceedings.

Employees of the Office, particularly CRU examiners who have conducted a supplemental examination proceeding that has been concluded, should not discuss or answer inquiries from any person outside the Office as to whether a certain reference or other particular evidence was considered during the proceeding, and whether that reference, or other evidence, would have been determined to raise a substantial new question of patentability, had it been considered during the proceeding. Patent practitioners (or other members of the public) must not address improper inquiries to members of the patent examining corps and to the Office as a whole. Inquiries from members of the public relating to the matters discussed above must, of necessity, be refused and this refusal should not be considered discourteous or an expression of opinion by the Office as to the validity, patentability, or enforceability of the patent.

Jump to MPEP Source · 37 CFR 1.601SNQ CriteriaCentral Reexamination Unit ProcessingSubstantial New Question of Patentability
Topic

Substantial New Question of Patentability

1 rules
StatutoryRequiredAlways
[mpep-2803-01-f1cba7ecbde093180e1a81fc]
Refusal of Public Inquiries on Examination Matters
Note:
The Office must refuse inquiries from the public regarding examination matters and should not express opinions on patent validity, patentability, or enforceability.

Employees of the Office, particularly CRU examiners who have conducted a supplemental examination proceeding that has been concluded, should not discuss or answer inquiries from any person outside the Office as to whether a certain reference or other particular evidence was considered during the proceeding, and whether that reference, or other evidence, would have been determined to raise a substantial new question of patentability, had it been considered during the proceeding. Patent practitioners (or other members of the public) must not address improper inquiries to members of the patent examining corps and to the Office as a whole. Inquiries from members of the public relating to the matters discussed above must, of necessity, be refused and this refusal should not be considered discourteous or an expression of opinion by the Office as to the validity, patentability, or enforceability of the patent.

Jump to MPEP Source · 37 CFR 1.601Substantial New Question of PatentabilitySNQ CriteriaCentral Reexamination Unit Processing
Topic

Supplemental Examination Request

1 rules
StatutoryInformativeAlways
[mpep-2803-01-d8abd28750a292ffe5dfaaa4]
Definitions and Exceptions for Supplemental Examination Requests
Note:
This section applies the definitions from 37 CFR 104.1 and exceptions from 37 CFR 104.21 to inquiries from persons other than the patent owner in supplemental examination requests.

The definitions set forth in 37 CFR 104.1 and the exceptions in 37 CFR 104.21 are applicable to this section.

Jump to MPEP Source · 37 CFR 104.1Supplemental Examination RequestSupplemental Examination

Citations

Primary topicCitation
Reexamination Order35 U.S.C. § 257
Reexamination Order37 CFR § 1.601(b)
Reexamination Order37 CFR § 1.625
Supplemental Examination Request37 CFR § 104.1
Supplemental Examination Request37 CFR § 104.21

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31