MPEP § 2822 — Assignment of the Supplemental Examination Proceeding (Annotated Rules)
§2822 Assignment of the Supplemental Examination Proceeding
This page consolidates and annotates all enforceable requirements under MPEP § 2822, 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.
Assignment of the Supplemental Examination Proceeding
This section addresses Assignment of the Supplemental Examination Proceeding. Contains: 1 requirement.
Key Rules
Reissue and Reexamination
Supplemental examination requests will be assigned to the Central Reexamination Unit (CRU) in the same manner in which reexamination requests are assigned. The CRU art unit which examines the technology (Chemical, Electrical, Mechanical, etc.) in which the patent to be examined is currently classified as an original patent, will be assigned the supplemental examination request. In that art unit, the CRU Supervisory Patent Examiner (SPE) will assign the request to a primary examiner, other than the examiner who originally examined the patent application, who is most familiar with the claimed subject matter of the patent. See, generally, MPEP § 2236.
Supplemental examination requests will be assigned to the Central Reexamination Unit (CRU) in the same manner in which reexamination requests are assigned. The CRU art unit which examines the technology (Chemical, Electrical, Mechanical, etc.) in which the patent to be examined is currently classified as an original patent, will be assigned the supplemental examination request. In that art unit, the CRU Supervisory Patent Examiner (SPE) will assign the request to a primary examiner, other than the examiner who originally examined the patent application, who is most familiar with the claimed subject matter of the patent. See, generally, MPEP § 2236.
Central Reexamination Unit Processing
Supplemental examination requests will be assigned to the Central Reexamination Unit (CRU) in the same manner in which reexamination requests are assigned. The CRU art unit which examines the technology (Chemical, Electrical, Mechanical, etc.) in which the patent to be examined is currently classified as an original patent, will be assigned the supplemental examination request. In that art unit, the CRU Supervisory Patent Examiner (SPE) will assign the request to a primary examiner, other than the examiner who originally examined the patent application, who is most familiar with the claimed subject matter of the patent. See, generally, MPEP § 2236.
Supplemental examination requests will be assigned to the Central Reexamination Unit (CRU) in the same manner in which reexamination requests are assigned. The CRU art unit which examines the technology (Chemical, Electrical, Mechanical, etc.) in which the patent to be examined is currently classified as an original patent, will be assigned the supplemental examination request. In that art unit, the CRU Supervisory Patent Examiner (SPE) will assign the request to a primary examiner, other than the examiner who originally examined the patent application, who is most familiar with the claimed subject matter of the patent. See, generally, MPEP § 2236.
Supplemental Examination
Although the number of supplemental examination requests which must be transferred to another examiner should be very small, the procedures established for transferring reexamination proceedings will be generally followed when transferring supplemental examination proceedings. See MPEP § 2237.
Citations
| Primary topic | Citation |
|---|---|
| Central Reexamination Unit Processing Reissue and Reexamination | MPEP § 2236 |
| Supplemental Examination | MPEP § 2237 |
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.
Official MPEP § 2822 — Assignment of the Supplemental Examination Proceeding
Source: USPTO2822 Assignment of the Supplemental Examination Proceeding [R-11.2013]
Supplemental examination requests will be assigned to the Central Reexamination Unit (CRU) in the same manner in which reexamination requests are assigned. The CRU art unit which examines the technology (Chemical, Electrical, Mechanical, etc.) in which the patent to be examined is currently classified as an original patent, will be assigned the supplemental examination request. In that art unit, the CRU Supervisory Patent Examiner (SPE) will assign the request to a primary examiner, other than the examiner who originally examined the patent application, who is most familiar with the claimed subject matter of the patent. See, generally, MPEP § 2236.
Although the number of supplemental examination requests which must be transferred to another examiner should be very small, the procedures established for transferring reexamination proceedings will be generally followed when transferring supplemental examination proceedings. See MPEP § 2237.