MPEP § 2811.02 — Optional Content (Annotated Rules)

§2811.02 Optional Content

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

This page consolidates and annotates all enforceable requirements under MPEP § 2811.02, 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.

Optional Content

This section addresses Optional Content. Primary authority: 37 CFR 1.610(c), 37 CFR 1.610, and 37 CFR 1.610(c)(1). Contains: 4 requirements, 1 prohibition, 1 guidance statement, 4 permissions, and 5 other statements.

Key Rules

Topic

Supplemental Examination

9 rules
StatutoryPermittedAlways
[mpep-2811-02-cce721035f2bebd79ac5372d]
Optional Elements for Request
Note:
The request for supplemental examination may include certain optional elements as specified.

37 CFR 1.610(c) provides that the request may optionally include the following enumerated elements:

Jump to MPEP Source · 37 CFR 1.610(c)Supplemental Examination
StatutoryInformativeAlways
[mpep-2811-02-b4fbdac0f62d14079baaf887]
Cover Sheet Required for Itemized Request Components
Note:
A cover sheet must itemize each component submitted as part of a request for supplemental examination.

37 CFR 1.610(c)(1) permits the request to include a cover sheet itemizing each component submitted as part of the request. A "component" may be a certificate of mailing, the request, the patent to be examined, an item of information, and any other separate document that is deposited with or as part of the request. Submission of a cover sheet will assist the Office in the review of the request for compliance with the filing date requirements. For example, the Office may readily recognize that certain components listed as submitted on the cover sheet may be missing from the file and quickly contact the patent owner for correction. The Office encourages patent owners to submit a cover sheet with a request for supplemental examination. Use of the form PTO/SB/59 as the cover sheet is particularly encouraged.

Jump to MPEP Source · 37 CFR 1.610(c)(1)Supplemental ExaminationCertificate of MailingTypes of Forms
StatutoryInformativeAlways
[mpep-2811-02-19dd906fce94230c5b1f60b8]
Cover Sheet for Supplemental Examination Request
Note:
Patent owners are encouraged to submit a cover sheet listing all components of their request for supplemental examination.

37 CFR 1.610(c)(1) permits the request to include a cover sheet itemizing each component submitted as part of the request. A "component" may be a certificate of mailing, the request, the patent to be examined, an item of information, and any other separate document that is deposited with or as part of the request. Submission of a cover sheet will assist the Office in the review of the request for compliance with the filing date requirements. For example, the Office may readily recognize that certain components listed as submitted on the cover sheet may be missing from the file and quickly contact the patent owner for correction. The Office encourages patent owners to submit a cover sheet with a request for supplemental examination. Use of the form PTO/SB/59 as the cover sheet is particularly encouraged.

Jump to MPEP Source · 37 CFR 1.610(c)(1)Supplemental ExaminationCertificate of MailingTypes of Forms
StatutoryInformativeAlways
[mpep-2811-02-61ff7dffce49a77769f29118]
Table of Contents for Request Permitted
Note:
This rule permits including a table of contents in the request for supplemental examination to ensure clarity and completeness.

37 CFR 1.610(c)(2) permits the request to include a table of contents for the request. Submission of a table of contents will provide clarity to the record and also help ensure that the request includes all of the required elements in accordance with 37 CFR 1.610(a) and 37 CFR 1.610(b). In addition, a table of contents will also assist in the initial review of the request to determine if the filing date requirements are met and in the examiner’s analysis of the request during the supplemental examination proceeding.

Jump to MPEP Source · 37 CFR 1.610(c)(2)Supplemental Examination
StatutoryRequiredAlways
[mpep-2811-02-d4eb1e3bcac86ce7fe7de497]
Table of Contents for Supplemental Examination Request Required
Note:
A table of contents must be included in the request for supplemental examination to ensure all required elements are present and to assist in review.

37 CFR 1.610(c)(2) permits the request to include a table of contents for the request. Submission of a table of contents will provide clarity to the record and also help ensure that the request includes all of the required elements in accordance with 37 CFR 1.610(a) and 37 CFR 1.610(b). In addition, a table of contents will also assist in the initial review of the request to determine if the filing date requirements are met and in the examiner’s analysis of the request during the supplemental examination proceeding.

Jump to MPEP Source · 37 CFR 1.610(c)(2)Supplemental Examination
StatutoryInformativeAlways
[mpep-2811-02-1fcf20752c61c778d11732a4]
Table of Contents for Supplemental Examination Request
Note:
A table of contents is required to assist in determining filing date requirements and examiner analysis during the supplemental examination proceeding.

37 CFR 1.610(c)(2) permits the request to include a table of contents for the request. Submission of a table of contents will provide clarity to the record and also help ensure that the request includes all of the required elements in accordance with 37 CFR 1.610(a) and 37 CFR 1.610(b). In addition, a table of contents will also assist in the initial review of the request to determine if the filing date requirements are met and in the examiner’s analysis of the request during the supplemental examination proceeding.

Jump to MPEP Source · 37 CFR 1.610(c)(2)Supplemental Examination
StatutoryRecommendedAlways
[mpep-2811-02-8679c637a0c87ce829ffe0d4]
Optional Explanation for Claims Patentability
Note:
This rule requires an optional discussion on how claims patentably distinguish over provided information, separate from the required detailed explanation.

37 CFR 1.610(c)(3) provides that the request may include an explanation of how the claims patentably distinguish over the items of information. This optional discussion should be separately made under a separate subheading such as "Optional Explanation under 37 CFR 1.610(c)(3)." The Office has found that requests that combine the detailed explanation under 37 CFR 1.610(b)(5) with the optional discussion under 37 CFR 1.610(c)(3) typically have a lengthy discussion of why the claims are patentable over the items of information with little to no explanation as to how the item of information is applicable to the claim limitations as required by 37 CFR 1.610(b)(5). By combining the optional discussion with the required detailed explanation, the patent owner runs the risk that the Office will find that the required explanation was not provided, causing the request to be noncompliant, and the loss of the date of the original deposit of the request as the filing date. See MPEP § 2812.02.

Jump to MPEP Source · 37 CFR 1.610(c)(3)Supplemental ExaminationRequest Content RequirementsSupplemental Examination Request
StatutoryRequiredAlways
[mpep-2811-02-29e7c686b8a4c9b5ca6014d8]
Combining Detailed and Optional Explanations Risks Noncompliance
Note:
Patent owners risk having their request deemed noncompliant if they combine the required detailed explanation with an optional discussion, potentially losing the filing date.

37 CFR 1.610(c)(3) provides that the request may include an explanation of how the claims patentably distinguish over the items of information. This optional discussion should be separately made under a separate subheading such as "Optional Explanation under 37 CFR 1.610(c)(3)." The Office has found that requests that combine the detailed explanation under 37 CFR 1.610(b)(5) with the optional discussion under 37 CFR 1.610(c)(3) typically have a lengthy discussion of why the claims are patentable over the items of information with little to no explanation as to how the item of information is applicable to the claim limitations as required by 37 CFR 1.610(b)(5). By combining the optional discussion with the required detailed explanation, the patent owner runs the risk that the Office will find that the required explanation was not provided, causing the request to be noncompliant, and the loss of the date of the original deposit of the request as the filing date. See MPEP § 2812.02.

Jump to MPEP Source · 37 CFR 1.610(c)(3)Supplemental ExaminationRequest Content RequirementsSupplemental Examination Request
StatutoryProhibitedAlways
[mpep-2811-02-5e08b76b642a799959f86975]
Application Data Sheet Not Required for Supplemental Examination
Note:
An application data sheet under 37 CFR 1.76 cannot be submitted in a supplemental examination proceeding as it is not considered an 'application'.

An application data sheet (ADS) under 37 CFR 1.76 cannot be submitted in a supplemental examination proceeding since a supplemental examination proceeding is not an "application."

Jump to MPEP Source · 37 CFR 1.76Supplemental Examination
Topic

Certificate of Mailing

3 rules
StatutoryPermittedAlways
[mpep-2811-02-584a51222b2f6558b3a9423a]
Components of Request for Supplemental Examination Defined
Note:
This rule defines what constitutes a 'component' in a request for supplemental examination, including certificates of mailing and other separate documents.

37 CFR 1.610(c)(1) permits the request to include a cover sheet itemizing each component submitted as part of the request. A "component" may be a certificate of mailing, the request, the patent to be examined, an item of information, and any other separate document that is deposited with or as part of the request. Submission of a cover sheet will assist the Office in the review of the request for compliance with the filing date requirements. For example, the Office may readily recognize that certain components listed as submitted on the cover sheet may be missing from the file and quickly contact the patent owner for correction. The Office encourages patent owners to submit a cover sheet with a request for supplemental examination. Use of the form PTO/SB/59 as the cover sheet is particularly encouraged.

Jump to MPEP Source · 37 CFR 1.610(c)(1)Certificate of MailingSupplemental Examination Certificate
StatutoryInformativeAlways
[mpep-2811-02-679dbd94cd44659d01fed484]
Cover Sheet for Request Compliance
Note:
Submit a cover sheet to assist the Office in reviewing the request for compliance with filing date requirements.

37 CFR 1.610(c)(1) permits the request to include a cover sheet itemizing each component submitted as part of the request. A "component" may be a certificate of mailing, the request, the patent to be examined, an item of information, and any other separate document that is deposited with or as part of the request. Submission of a cover sheet will assist the Office in the review of the request for compliance with the filing date requirements. For example, the Office may readily recognize that certain components listed as submitted on the cover sheet may be missing from the file and quickly contact the patent owner for correction. The Office encourages patent owners to submit a cover sheet with a request for supplemental examination. Use of the form PTO/SB/59 as the cover sheet is particularly encouraged.

Jump to MPEP Source · 37 CFR 1.610(c)(1)Certificate of MailingTypes of Forms
StatutoryPermittedAlways
[mpep-2811-02-cbc7ce2c2e432795e69f9827]
Cover Sheet Required for Request Components
Note:
A cover sheet must itemize all components submitted as part of a request for supplemental examination, allowing the Office to quickly verify their presence.

37 CFR 1.610(c)(1) permits the request to include a cover sheet itemizing each component submitted as part of the request. A "component" may be a certificate of mailing, the request, the patent to be examined, an item of information, and any other separate document that is deposited with or as part of the request. Submission of a cover sheet will assist the Office in the review of the request for compliance with the filing date requirements. For example, the Office may readily recognize that certain components listed as submitted on the cover sheet may be missing from the file and quickly contact the patent owner for correction. The Office encourages patent owners to submit a cover sheet with a request for supplemental examination. Use of the form PTO/SB/59 as the cover sheet is particularly encouraged.

Jump to MPEP Source · 37 CFR 1.610(c)(1)Certificate of MailingTypes of Forms
Topic

Denial – No SNQ Raised

3 rules
StatutoryPermittedAlways
[mpep-2811-02-f63ef929002888d303e2f85e]
Optional SNQ Explanation for Request
Note:
Patent owners may provide an explanation for each item of information that does or does not raise a substantial new question.

37 CFR 1.610(c)(4) provides that the request may include an explanation why each item of information does or does not raise a SNQ. Patent owners are encouraged to submit this explanation, which will assist the Office in analyzing the request. If the patent owner does submit this optional content, particularly where the patent owner explains why each item of information does not raise a SNQ, the Office strongly recommends that this optional discussion be separately presented, in the request, from the explanation required by 37 CFR 1.610(b)(5), under a subheading such as "Optional Explanation under 37 CFR 1.610(c)(4) ". See MPEP §§ 2811.01 and 2812.02.

Jump to MPEP Source · 37 CFR 1.610(c)(4)Denial – No SNQ RaisedSubstantial New Question of PatentabilityEx Parte Reexamination
StatutoryInformativeAlways
[mpep-2811-02-089d75a002181a76faaa504c]
Explanation for Each Item of Information Must Be Provided
Note:
Patent owners must provide an explanation for each item of information to assist the Office in analyzing the request, especially when explaining why no substantial new question is raised.

37 CFR 1.610(c)(4) provides that the request may include an explanation why each item of information does or does not raise a SNQ. Patent owners are encouraged to submit this explanation, which will assist the Office in analyzing the request. If the patent owner does submit this optional content, particularly where the patent owner explains why each item of information does not raise a SNQ, the Office strongly recommends that this optional discussion be separately presented, in the request, from the explanation required by 37 CFR 1.610(b)(5), under a subheading such as "Optional Explanation under 37 CFR 1.610(c)(4) ". See MPEP §§ 2811.01 and 2812.02.

Jump to MPEP Source · 37 CFR 1.610(c)(4)Denial – No SNQ RaisedSubstantial New Question of PatentabilityEx Parte Reexamination
StatutoryRequiredAlways
[mpep-2811-02-5dd6cacfe59cb6ad4fac8db1]
Optional Explanation for SNQ Denial Required Separately
Note:
Patent owners must submit an optional explanation separately if they do not raise a substantial new question, as required by 37 CFR 1.610(c)(4).

37 CFR 1.610(c)(4) provides that the request may include an explanation why each item of information does or does not raise a SNQ. Patent owners are encouraged to submit this explanation, which will assist the Office in analyzing the request. If the patent owner does submit this optional content, particularly where the patent owner explains why each item of information does not raise a SNQ, the Office strongly recommends that this optional discussion be separately presented, in the request, from the explanation required by 37 CFR 1.610(b)(5), under a subheading such as "Optional Explanation under 37 CFR 1.610(c)(4) ". See MPEP §§ 2811.01 and 2812.02.

Jump to MPEP Source · 37 CFR 1.610(c)(4)Denial – No SNQ RaisedSubstantial New Question of PatentabilityEx Parte Reexamination
Topic

Types of Forms

1 rules
StatutoryInformativeAlways
[mpep-2811-02-e2dda30d43e681152193c420]
Use of PTO/SB/59 Encouraged for Supplemental Examination Requests
Note:
The Office encourages the use of form PTO/SB/59 as a cover sheet for requests for supplemental examination, to assist in reviewing and ensuring compliance with filing date requirements.

37 CFR 1.610(c)(1) permits the request to include a cover sheet itemizing each component submitted as part of the request. A "component" may be a certificate of mailing, the request, the patent to be examined, an item of information, and any other separate document that is deposited with or as part of the request. Submission of a cover sheet will assist the Office in the review of the request for compliance with the filing date requirements. For example, the Office may readily recognize that certain components listed as submitted on the cover sheet may be missing from the file and quickly contact the patent owner for correction. The Office encourages patent owners to submit a cover sheet with a request for supplemental examination. Use of the form PTO/SB/59 as the cover sheet is particularly encouraged.

Jump to MPEP Source · 37 CFR 1.610(c)(1)Types of FormsUSPTO FormsCertificate of Mailing
Topic

Supplemental Examination Request

1 rules
StatutoryPermittedAlways
[mpep-2811-02-c5e08186474cf082b618362b]
Explanation of Claims Over Prior Art Required for Supplemental Examination Request
Note:
The request must include an explanation of how the claims distinguish over prior art, separately from other required explanations.

37 CFR 1.610(c)(3) provides that the request may include an explanation of how the claims patentably distinguish over the items of information. This optional discussion should be separately made under a separate subheading such as "Optional Explanation under 37 CFR 1.610(c)(3)." The Office has found that requests that combine the detailed explanation under 37 CFR 1.610(b)(5) with the optional discussion under 37 CFR 1.610(c)(3) typically have a lengthy discussion of why the claims are patentable over the items of information with little to no explanation as to how the item of information is applicable to the claim limitations as required by 37 CFR 1.610(b)(5). By combining the optional discussion with the required detailed explanation, the patent owner runs the risk that the Office will find that the required explanation was not provided, causing the request to be noncompliant, and the loss of the date of the original deposit of the request as the filing date. See MPEP § 2812.02.

Jump to MPEP Source · 37 CFR 1.610(c)(3)Supplemental Examination RequestSupplemental ExaminationRequest Content Requirements
Topic

Request Content Requirements

1 rules
StatutoryRequiredAlways
[mpep-2811-02-51213f5f1854581392b86e00]
Detailed Explanation of Patentability Required for Supplemental Examination Request
Note:
The request must provide a detailed explanation of how claims are patentable over prior art, with separate discussion on how the prior art applies to claim limitations.

37 CFR 1.610(c)(3) provides that the request may include an explanation of how the claims patentably distinguish over the items of information. This optional discussion should be separately made under a separate subheading such as "Optional Explanation under 37 CFR 1.610(c)(3)." The Office has found that requests that combine the detailed explanation under 37 CFR 1.610(b)(5) with the optional discussion under 37 CFR 1.610(c)(3) typically have a lengthy discussion of why the claims are patentable over the items of information with little to no explanation as to how the item of information is applicable to the claim limitations as required by 37 CFR 1.610(b)(5). By combining the optional discussion with the required detailed explanation, the patent owner runs the risk that the Office will find that the required explanation was not provided, causing the request to be noncompliant, and the loss of the date of the original deposit of the request as the filing date. See MPEP § 2812.02.

Jump to MPEP Source · 37 CFR 1.610(c)(3)Request Content RequirementsSupplemental Examination RequestSupplemental Examination

Citations

Primary topicCitation
Supplemental Examination37 CFR § 1.610(a)
Supplemental Examination37 CFR § 1.610(b)
Denial – No SNQ Raised
Request Content Requirements
Supplemental Examination
Supplemental Examination Request
37 CFR § 1.610(b)(5)
Supplemental Examination37 CFR § 1.610(c)
Certificate of Mailing
Supplemental Examination
Types of Forms
37 CFR § 1.610(c)(1)
Supplemental Examination37 CFR § 1.610(c)(2)
Request Content Requirements
Supplemental Examination
Supplemental Examination Request
37 CFR § 1.610(c)(3)
Denial – No SNQ Raised37 CFR § 1.610(c)(4)
Supplemental Examination37 CFR § 1.76
Denial – No SNQ RaisedMPEP § 2811.01
Request Content Requirements
Supplemental Examination
Supplemental Examination Request
MPEP § 2812.02

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