37 CFR § 1.605 — Items of information. (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.605, including 60 rules 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.

Summary

This section outlines the number and type of items of information that can be included in a request for supplemental examination, emphasizing relevance to the patent and compliance with specific regulations.

What this section covers

Defines the number and type of items of information allowed in a request for supplemental examination.

Key obligations

Each request may include no more than twelve items of information believed to be relevant to the patent.
Items must be in writing and comply with 37 CFR 1.605.

Practice notes

Ensure all items of information are clearly and concisely described in the request.
Avoid including irrelevant or redundant information to prevent rejection of the supplemental examination request.

Central Reexamination Unit Determines Supplemental Exam Filing DateMPEP 2812.01
Filing Date for Minor Defects in Supplemental Examination RequestsMPEP 2812.01
Corrected Request Must Include All Intended ComponentsMPEP 2812.03Required
Limit on Supplemental Examination RequestsMPEP 2809Permitted
Multiple Supplemental Examinations Permitted During Patent EnforceabilityMPEP 2809Permitted
Item of Information Must Be in WritingMPEP 2809Required
Written Transcript Requirement for Audio/Video RecordingsMPEP 2809Required
Each Item of Information May Be Separately Counted in CombinationMPEP 2809Permitted
Exceptions for Combined Documents and TranslationsMPEP 2809
Item of Information Must Be In WritingMPEP 2809Required
Item of Information Must Be in WritingMPEP 2809
Item of Information May Be Included in Request BodyMPEP 2809Permitted
Transcript Required for Video SubmissionsMPEP 2809Required
Transcript Requirement for Audio/Video Recordings in Supplemental ExaminationMPEP 2809
Transcripts Must Be Submitted for Audio/Video RecordingsMPEP 2809Required
Transcript and Selected Video Images Required for Supplemental ExaminationMPEP 2809Permitted
Single Reference Multiple Issues Counted OnceMPEP 2809
Combination of Multiple References Under 35 U.S.C. 103 Counts as Separate ItemsMPEP 2809
Counting Separate Items of Information in DeclarationMPEP 2809
Combining Items of Information for Supplemental ExaminationMPEP 2809Permitted
Requirement for Separately Listing Combined ReferencesMPEP 2809Required
Non-English Translations and Long Document Summaries RequiredMPEP 2809
Requirements for Supplemental Examination Filing DateMPEP 2812.01Required
Corrected Request Must Address Defects and Comply with RulesMPEP 2812.03Required

Corrected Request Must Include All Intended ComponentsMPEP 2812.03Required
Item of Information Must Be in WritingMPEP 2809Required
Written Transcript Requirement for Audio/Video RecordingsMPEP 2809Required
Item of Information Must Be In WritingMPEP 2809Required
Transcript Required for Video SubmissionsMPEP 2809Required
Transcripts Must Be Submitted for Audio/Video RecordingsMPEP 2809Required
Requirement for Separate Documents Except U.S. PatentsMPEP 2809Required
Patent Owner Must Provide Separate Copy of Supporting DocumentMPEP 2809Required
Single Reference Can Raise Multiple Issues But Counts As One ItemMPEP 2809Required
Requirement for Separately Listing Combined ReferencesMPEP 2809Required
Items of Information in Request Body Not Required to Be Submitted SeparatelyMPEP 2811Required
Items of Information Not Requiring Separate SubmissionMPEP 2811Required
Requirements for Supplemental Examination Filing DateMPEP 2812.01Required
Corrected Request Must Address Defects and Comply with RulesMPEP 2812.03Required

Notice Will Be Sent to Record Correspondence AddressMPEP 2812.02
Notice of Noncompliant Supplemental Examination RequestMPEP 2812.02Permitted
Attachment Required for Non-Compliant RequestMPEP 2812.02
Requirement for Supplemental Examination Request ContentMPEP 2809
Supplemental Examination Request Must Clearly Set InformationMPEP 2809
Limit of Twelve Items Per Request for Supplemental ExaminationMPEP 2809Permitted
Multiple Supplemental Examination Requests PermittedMPEP 2809Permitted
Requirement for Separate Document Containing Relevant InformationMPEP 2809
Discussion Within Request Considered As Item of InformationMPEP 2809
Discussion of 35 U.S.C. 101 Considered as Item of Information in RequestMPEP 2809
Patent Owner Admissions Must Be DisclosedMPEP 2809Permitted
Supporting Documents Must Be Separately ProvidedMPEP 2809Prohibited
Requirement for Separate Copies of Supporting DocumentsMPEP 2809
Items of Information Not IssuesMPEP 2809
Declaration and Exhibits Count as Single ItemMPEP 2809Prohibited
Declaration with Single Exhibit Counts as One ItemMPEP 2809
Declaration Using Separate Exhibits Counts As Multiple ItemsMPEP 2809Permitted
Multiple Sales Receipts as Separate Items of InformationMPEP 2809
Declaration and Additional Exhibits Count SeparatelyMPEP 2809
Declaration and Exhibits Count as Separate Items of InformationMPEP 2809
Petitions Must Be Filed After ReexaminationMPEP 2809Recommended
Petitions Must Be Filed After ReexaminationMPEP 2809Recommended
Petition Held Until Supplemental Exam Certificate IssuedMPEP 2809
Petitions Held Until ReexaminationMPEP 2809
Petitions Held Moot If No Substantial New Question of PatentabilityMPEP 2809
Amendments Prohibited With RequestMPEP 2809Prohibited
No Amendments Allowed In Supplemental ExaminationMPEP 2809Permitted
No Amendments in Supplemental ExaminationMPEP 2809
Amendments Not Allowed In Supplemental ExaminationMPEP 2809
Amendments Allowed After Merits Review in ReexaminationMPEP 2809Permitted
Notice of Noncompliant Supplemental Examination RequestMPEP 2812.02

MPEP Section	Rules
MPEP § 2809	Limit on Supplemental Examination RequestsMPEP 2809Permitted Multiple Supplemental Examinations Permitted During Patent EnforceabilityMPEP 2809Permitted Item of Information Must Be in WritingMPEP 2809Required Written Transcript Requirement for Audio/Video RecordingsMPEP 2809Required Each Item of Information May Be Separately Counted in CombinationMPEP 2809Permitted Exceptions for Combined Documents and TranslationsMPEP 2809 Requirement for Supplemental Examination Request ContentMPEP 2809 Supplemental Examination Request Must Clearly Set InformationMPEP 2809 Limit of Twelve Items Per Request for Supplemental ExaminationMPEP 2809Permitted Multiple Supplemental Examination Requests PermittedMPEP 2809Permitted Item of Information Must Be In WritingMPEP 2809Required Item of Information Must Be in WritingMPEP 2809 Item of Information May Be Included in Request BodyMPEP 2809Permitted Transcript Required for Video SubmissionsMPEP 2809Required Transcript Requirement for Audio/Video Recordings in Supplemental ExaminationMPEP 2809 Transcripts Must Be Submitted for Audio/Video RecordingsMPEP 2809Required Transcript and Selected Video Images Required for Supplemental ExaminationMPEP 2809Permitted Requirement for Separate Document Containing Relevant InformationMPEP 2809 Requirement for Separate Documents Except U.S. PatentsMPEP 2809Required Discussion Within Request Considered As Item of InformationMPEP 2809 Discussion of 35 U.S.C. 101 Considered as Item of Information in RequestMPEP 2809 Patent Owner Admissions Must Be DisclosedMPEP 2809Permitted Supporting Documents Must Be Separately ProvidedMPEP 2809Prohibited Patent Owner Must Provide Separate Copy of Supporting DocumentMPEP 2809Required Requirement for Separate Copies of Supporting DocumentsMPEP 2809 Single Reference Multiple Issues Counted OnceMPEP 2809 Combination of Multiple References Under 35 U.S.C. 103 Counts as Separate ItemsMPEP 2809 Single Reference Can Raise Multiple Issues But Counts As One ItemMPEP 2809Required Items of Information Not IssuesMPEP 2809 Counting Separate Items of Information in DeclarationMPEP 2809 Declaration and Exhibits Count as Single ItemMPEP 2809Prohibited Declaration with Single Exhibit Counts as One ItemMPEP 2809 Declaration Using Separate Exhibits Counts As Multiple ItemsMPEP 2809Permitted Multiple Sales Receipts as Separate Items of InformationMPEP 2809 Declaration and Additional Exhibits Count SeparatelyMPEP 2809 Declaration and Exhibits Count as Separate Items of InformationMPEP 2809 Combining Items of Information for Supplemental ExaminationMPEP 2809Permitted Requirement for Separately Listing Combined ReferencesMPEP 2809Required Non-English Translations and Long Document Summaries RequiredMPEP 2809 Petitions Must Be Filed After ReexaminationMPEP 2809Recommended Petitions Must Be Filed After ReexaminationMPEP 2809Recommended Petition Held Until Supplemental Exam Certificate IssuedMPEP 2809 Petitions Held Until ReexaminationMPEP 2809 Petitions Held Moot If No Substantial New Question of PatentabilityMPEP 2809 Amendments Prohibited With RequestMPEP 2809Prohibited No Amendments Allowed In Supplemental ExaminationMPEP 2809Permitted No Amendments in Supplemental ExaminationMPEP 2809 Amendments Not Allowed In Supplemental ExaminationMPEP 2809 Amendments Allowed After Merits Review in ReexaminationMPEP 2809Permitted
MPEP § 2811	Items of Information in Request Body Not Required to Be Submitted SeparatelyMPEP 2811Required Items of Information Not Requiring Separate SubmissionMPEP 2811Required
MPEP § 2812.01	Central Reexamination Unit Determines Supplemental Exam Filing DateMPEP 2812.01 Filing Date for Minor Defects in Supplemental Examination RequestsMPEP 2812.01 Requirements for Supplemental Examination Filing DateMPEP 2812.01Required
MPEP § 2812.02	Notice Will Be Sent to Record Correspondence AddressMPEP 2812.02 Notice of Noncompliant Supplemental Examination RequestMPEP 2812.02Permitted Attachment Required for Non-Compliant RequestMPEP 2812.02 Notice of Noncompliant Supplemental Examination RequestMPEP 2812.02
MPEP § 2812.03	Corrected Request Must Include All Intended ComponentsMPEP 2812.03Required Corrected Request Must Address Defects and Comply with RulesMPEP 2812.03Required

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

37 CFR § 1.605 — Items of information. (MPEP Coverage Index) – BlueIron IP

37 CFR § 1.605 Items of information.

Summary

Official MPEP § 1.605 — Items of information.

1.605 Items of information.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions