Q: What is the conclusion of a supplemental examination?

According to MPEP 2817 , the conclusion of a supplemental examination is marked by the issuance of a certificate. As stated in the MPEP: "35 U.S.C. 257(a) requires that supplemental examination 'shall conclude with the issuance of a certificate indicating whether the information presented in the request raises a substantial new question of patentability.'" This certificate is issued electronically and indicates whether any of the items of information submitted in the request raises a Substantial New Question of Patentability (SNQ). To learn more: Supplemental Examination Patent Certificate Substantial New Question of Patentability SNQ

Question 1

What is required for foreign benefit applications in patent proceedings?

Accepted Answer

For foreign benefit applications or Patent Cooperation Treaty (PCT) applications not filed in English, a certified translation is required. This requirement is specified in MPEP 2304.01(c), which states:

"A certified translation of every foreign benefit application or Patent Cooperation Treaty (PCT) application not filed in English is required. See 35 U.S.C. 119(b)(3) and 372(b)(3) and 37 CFR 1.55(a)(4)."

This ensures that the patent office can properly examine and evaluate the foreign priority claims.

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Question 2

What are the requirements for claiming priority to a foreign application for design patents?

Accepted Answer

Claiming priority to a foreign application for design patents requires meeting specific criteria:

The foreign application must be filed within 6 months preceding the U.S. filing date.
The foreign application must be from a country that grants similar privileges to U.S. citizens.
The applicant must make a claim for priority and submit a certified copy of the foreign application.

As stated in MPEP 1504.20: "In addition to claiming priority of the foreign application, applicant also must file either a certified copy of the foreign application or a certification under 37 CFR 1.55(k) within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application."

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Question 3

What is the "Reasons Document" in Supplemental Examination?

Accepted Answer

The "Reasons Document," officially called the "Reasons for Substantial New Question of Patentability Determination," is a document that accompanies the Supplemental Examination Certificate. It provides a detailed explanation of why each item of information submitted in a supplemental examination request does or does not raise a substantial new question of patentability (SNQ).

The MPEP states: This document will explain, for each item of information, why each item does or does not raise a SNQ. The Reasons Document is crucial for understanding the USPTO's decision regarding the supplemental examination request.

To learn more:

Supplemental Examination
Reasons Document
USPTO
Substantial New Question of Patentability

Question 4

How is the reexamination certificate distributed?

Accepted Answer

The reexamination certificate is distributed in several ways:

An e-copy is associated with the e-copy of the patent in the search files.
It is included in any patent copies prepared by the USPTO after the certificate's issuance.
Copies are forwarded to all depository libraries.
Copies are sent to foreign offices with exchange agreements with the USPTO.

As stated in MPEP 2292: "An e-copy of the reexamination certificate will be associated with the e-copy of the patent in the search files. A copy of the certificate will also be made a part of any patent copies prepared by the Office subsequent to the issuance of the certificate."

To learn more:

Question 5

Are there any special considerations for interference searches in specific technology centers?

Accepted Answer

Yes, certain technology centers may have specific requirements for interference searches. The MPEP 2304.01(a) mentions a particular case:

"An interference search may be required in TC Working Group 3640. Inspection of pertinent prints, drawings, brief cards, and applications in TC Working Group 3640 will be done on request by an examiner in TC Working Group 3640."

This highlights that some technology areas, such as TC Working Group 3640, may have additional or specialized procedures for conducting interference searches. Examiners working in these areas should be aware of and follow any specific guidelines for their technology center.

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Question 6

What is the significance of the two-month time period in patent disclosures?

Accepted Answer

What is the significance of the two-month time period in patent disclosures?

The two-month time period is significant in patent disclosures for the following reasons:

Timely disclosure: It encourages prompt submission of information to the USPTO.
Avoiding late fees: Submitting within two months can help avoid additional fees for late information disclosure statements.
Demonstrating diligence: It shows the applicant's commitment to fulfilling the duty of disclosure.

The MPEP states: "Applicants may wish to consider submitting information about prior art cited in search reports of a foreign patent office in a counterpart application. The citation should be submitted within two months of the date the foreign search report is issued." (MPEP 2004)

While not a strict deadline, adhering to this two-month guideline can help streamline the patent examination process and demonstrate good faith in complying with disclosure requirements.

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Question 7

What is the conclusion of a supplemental examination?

Accepted Answer

According to MPEP 2817, the conclusion of a supplemental examination is marked by the issuance of a certificate. As stated in the MPEP:

"35 U.S.C. 257(a) requires that supplemental examination 'shall conclude with the issuance of a certificate indicating whether the information presented in the request raises a substantial new question of patentability.'"

This certificate is issued electronically and indicates whether any of the items of information submitted in the request raises a Substantial New Question of Patentability (SNQ).

To learn more:

Question 8

What is the criteria for making a determination in a supplemental examination request?

Accepted Answer

The criteria for making a determination on a supplemental examination request is whether any of the items of information submitted raise a substantial new question of patentability (SNQ) affecting at least one claim of the patent. This is stated in 35 U.S.C. 257(a).

The MPEP states: The SNQ standard in supplemental examination proceedings is identical to the "substantial new question of patentability" standard in ex parte reexamination proceedings. This means that the same criteria used in reexamination proceedings apply to supplemental examinations.

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Question 9

How does concurrent litigation affect ex parte reexamination proceedings?

Accepted Answer

Concurrent litigation can significantly impact ex parte reexamination proceedings. According to MPEP 2286, when a request for ex parte reexamination is filed as a result of a court order or an agreement sanctioned by a court, or when litigation is stayed for the filing of a reexamination request, "all aspects of the proceeding will be expedited to the extent possible."

However, it's important to note that the existence of a court decision does not necessarily preclude the USPTO from finding a substantial new question of patentability. The MPEP states:

"Thus, while the Office may accord deference to factual findings made by the court, the determination of whether a substantial new question of patentability exists will be made independently of the court's validity determination as it is not controlling on the Office."

This is due to the different standards of proof and claim interpretation used by courts and the USPTO.

To learn more:

ex parte reexamination
concurrent litigation
substantial new question of patentability
court decisions

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What is required for foreign benefit applications in patent proceedings?

What are the requirements for claiming priority to a foreign application for design patents?

Risks of Investing in Government-Sponsored Research

What is the “Reasons Document” in Supplemental Examination?

How is the reexamination certificate distributed?

Are there any special considerations for interference searches in specific technology centers?

What is the significance of the two-month time period in patent disclosures?

What is the conclusion of a supplemental examination?

What is the criteria for making a determination in a supplemental examination request?

How does concurrent litigation affect ex parte reexamination proceedings?