37 CFR § 1.620 — Conduct of supplemental examination (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.620 Conduct of supplemental examination
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 1.620, including 167 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
The handling of papers in a supplemental examination proceeding must be conducted with strict adherence to procedural requirements, ensuring all filings are held in abeyance until the proceeding concludes.
What this section covers
- Define what this section covers at a high level, specifically the handling of papers in a supplemental examination proceeding.
Key obligations
- State the primary requirement practitioners must satisfy, which is to ensure that any petition or other paper filed in a supplemental examination proceeding is held in abeyance until after the proceeding concludes.
- State an additional required element or condition if applicable, such as ensuring that all relevant information is provided in the petition to support a supplemental examination.
- State a key compliance obligation tied to authority (USC/CFR), which is adherence to the specific procedural requirements outlined in 37 CFR 1.620.
Practice notes
- Give a practical drafting or filing tip grounded in this section, such as ensuring that all necessary information is included in the petition to avoid delays.
- Call out a common pitfall or best practice relevant to this section, such as avoiding the filing of additional papers that could be held in abeyance until after the supplemental examination is concluded.
Official MPEP § 1.620 — Conduct of supplemental examination
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.620 Conduct of supplemental examination proceeding.
- (a) Within three months after the filing date of a request for supplemental examination, the Office will determine whether a substantial new question of patentability affecting any claim of the patent is raised by any of the items of information presented in the request. 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.
- (b) The Office may hold in abeyance action on any petition or other paper filed in a supplemental examination proceeding until after the proceeding is concluded by the electronic issuance of the supplemental examination certificate as set forth in § 1.625 .
- (c) If an unauthorized or otherwise improper paper is filed in a supplemental examination proceeding, it will not be entered into the official file or considered, or if inadvertently entered, it will be expunged.
- (d) The patent owner must, as soon as possible upon the discovery of any other prior or concurrent post-patent Office proceeding involving the patent for which the current supplemental examination is requested, file a paper limited to notifying the Office of the post-patent Office proceeding, if such notice has not been previously provided with the request. The notice shall be limited to an identification of the post-patent Office proceeding, including the type of proceeding, the identifying number of any such proceeding ( e.g., a control number or reissue application number), and the filing date of any such proceeding, without any discussion of the issues of the current supplemental examination proceeding or of the identified post-patent Office proceeding(s).
- (e) Interviews are prohibited in a supplemental examination proceeding.
- (f) No amendment may be filed in a supplemental examination proceeding.
- (g) If the Office becomes aware, during the course of supplemental examination or of any reexamination ordered under 35 U.S.C. 257 as a result of the supplemental examination proceeding, that a material fraud on the Office may have been committed in connection with the patent requested to be examined, the supplemental examination proceeding or any reexamination proceeding ordered under 35 U.S.C. 257 will continue, and the matter will be referred to the U.S. Attorney General in accordance with 35 U.S.C. 257(e) .
[Added, 77 FR 48828, Aug. 14, 2012, effective Sept. 16, 2012]
- Access Records
- Allowance Quality Review
- Application Types
- Continuing Applications
- Continuation Applications
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- Duty Of Disclosure
- Disclosure Basics
- Employee Testimony
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- Reexamination Conclusion
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- Reexamination Examination
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- Reexamination Request
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- Examination Procedure
- Priority Benefit
- Benefit Delayed
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- Reissue
- Reissue Application
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- Section 112
- Section 112A
- New Matter
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