37 CFR § 1.625 — Conclusion of supplemental examination; (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.625 Conclusion of supplemental examination;
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 1.625, including 146 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 conclusion of supplemental examination provides a comprehensive reexamination of patent claims based on prior art patents and printed publications under 35 U.S.C. 304.
What this section covers
- A comprehensive review process for examining patent claims through supplemental examination proceedings.
- Legal framework for conducting a complete review of patent claims using prior art references.
Key obligations
- Conduct a thorough examination of patent claims against existing prior art patents and publications.
- Follow prescribed procedural steps for concluding the supplemental examination process.
- Comply with statutory requirements for ex parte reexamination proceedings.
Practice notes
- Carefully document all prior art references considered during the supplemental examination.
- Understand the potential implications of the reexamination process on existing patent claims.
Official MPEP § 1.625 — Conclusion of supplemental examination;
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.625 Conclusion of supplemental examination; publication of supplemental examination certificate; procedure after conclusion.
- (a) A supplemental examination proceeding will conclude with the electronic issuance of a supplemental examination certificate. The supplemental examination certificate will indicate the result of the determination whether any of the items of information presented in the request raised a substantial new question of patentability.
- (b) If the supplemental examination certificate states that a substantial new question of patentability is raised by one or more items of information in the request, ex parte reexamination of the patent will be ordered under 35 U.S.C. 257 . Upon the conclusion of the ex parte reexamination proceeding, an ex parte reexamination certificate, which will include a statement specifying that ex parte reexamination was ordered under 35 U.S.C. 257 , will be published. The electronically issued supplemental examination certificate will remain as part of the public record of the patent.
- (c) If the supplemental examination certificate indicates that no substantial new question of patentability is raised by any of the items of information in the request, and ex parte reexamination is not ordered under 35 U.S.C. 257 , the electronically issued supplemental examination certificate will be published in due course. The fee for reexamination ordered as a result of supplemental examination, as set forth in § 1.20(k)(2) , will be refunded in accordance with § 1.26(c) .
- (d) Any
ex parte
reexamination ordered under
35 U.S.C.
257
will be conducted in accordance with §§
1.530
through
1.570
, which govern
ex parte
reexamination, except that:
- (1) The patent owner will not have the right to file a statement pursuant to § 1.530 , and the order will not set a time period within which to file such a statement;
- (2) Reexamination of any claim of the patent may be conducted on the basis of any item of information as set forth in § 1.605 , and is not limited to patents and printed publications or to subject matter that has been added or deleted during the reexamination proceeding, notwithstanding § 1.552(a) ;
- (3) Issues in addition to those raised by patents and printed publications, and by subject matter added or deleted during a reexamination proceeding, may be considered and resolved, notwithstanding § 1.552(c) ; and
- (4) Information material to patentability will be defined by § 1.56(b) , notwithstanding § 1.555(b).
[Added, 77 FR 48828, Aug. 14, 2012, effective Sept. 16, 2012]
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