Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2800 – Supplemental Examination (4)
How do I update my address for patent correspondence with the USPTO?
To update your address for patent correspondence with the USPTO:
- Use the Change of Correspondence Address Form PTO/AIA/122 for applications filed on or after September 16, 2012.
- Use Form PTO/SB/122 for applications filed before September 16, 2012.
- Submit the form to the USPTO’s Mail Stop Post Issue division.
The MPEP states: “A patent owner’s change of address may be filed with the USPTO through the Office of Patent Legal Administration (OPLA).” (MPEP 2805)
Ensure you follow the proper procedures to maintain accurate communication channels with the USPTO regarding your patent.
To learn more:
When filing papers in an ex parte reexamination resulting from a supplemental examination, follow these guidelines as per MPEP 2806:
- Use the USPTO’s Patent Electronic Filing System-Web (EFS-Web) or Patent Center for electronic filing.
- For paper filings, send documents to: Mail Stop Ex Parte Reexam, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
- Include the control number assigned to the reexamination proceeding.
- Clearly mark all papers with “EX PARTE REEXAMINATION” to ensure proper routing.
The MPEP states: “Any paper filed in an ex parte reexamination proceeding resulting from a supplemental examination proceeding should be filed as provided in 37 CFR 1.1(c).” This ensures that your documents are properly processed and routed within the USPTO.
To learn more:
The USPTO determines if a Substantial New Question of Patentability (SNQ) is raised by reviewing the items of information presented in the supplemental examination request. The examiner considers whether the information would be important to a reasonable examiner in determining patentability.
According to the MPEP: For each item of information, the examiner need only identify one SNQ (e.g., a teaching that would be important to a reasonable examiner when determining patentability) for each identified claim.
The determination is made on a claim-by-claim basis, and the examiner must provide a detailed explanation in the Reasons Document.
To learn more:
If a request for supplemental examination fails to comply with 37 CFR 1.610, the following process occurs:
- The Office will notify the patent owner of any defects in the request.
- The patent owner is given a non-extendable period of 30 days to correct the defects.
- If the defects are not corrected within the 30-day period, the request will not be granted a filing date and will not be entitled to a refund of the fee for reexamination.
As stated in the MPEP 2812: “If the request fails to comply with any of the requirements of 37 CFR 1.610, the patent owner will be given a single opportunity to correct the defects in the request.”
To learn more:
MPEP 2805 – Correspondence With Patent Owner; Patent Owner Address (1)
How do I update my address for patent correspondence with the USPTO?
To update your address for patent correspondence with the USPTO:
- Use the Change of Correspondence Address Form PTO/AIA/122 for applications filed on or after September 16, 2012.
- Use Form PTO/SB/122 for applications filed before September 16, 2012.
- Submit the form to the USPTO’s Mail Stop Post Issue division.
The MPEP states: “A patent owner’s change of address may be filed with the USPTO through the Office of Patent Legal Administration (OPLA).” (MPEP 2805)
Ensure you follow the proper procedures to maintain accurate communication channels with the USPTO regarding your patent.
To learn more:
MPEP 2806 – How To File Papers In A Supplemental Examination Proceeding And In Any Resulting Ex Parte Reexamination Proceeding (1)
When filing papers in an ex parte reexamination resulting from a supplemental examination, follow these guidelines as per MPEP 2806:
- Use the USPTO’s Patent Electronic Filing System-Web (EFS-Web) or Patent Center for electronic filing.
- For paper filings, send documents to: Mail Stop Ex Parte Reexam, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
- Include the control number assigned to the reexamination proceeding.
- Clearly mark all papers with “EX PARTE REEXAMINATION” to ensure proper routing.
The MPEP states: “Any paper filed in an ex parte reexamination proceeding resulting from a supplemental examination proceeding should be filed as provided in 37 CFR 1.1(c).” This ensures that your documents are properly processed and routed within the USPTO.
To learn more:
MPEP 2812 – Initial Processing Of A Request For Supplemental Examination (1)
If a request for supplemental examination fails to comply with 37 CFR 1.610, the following process occurs:
- The Office will notify the patent owner of any defects in the request.
- The patent owner is given a non-extendable period of 30 days to correct the defects.
- If the defects are not corrected within the 30-day period, the request will not be granted a filing date and will not be entitled to a refund of the fee for reexamination.
As stated in the MPEP 2812: “If the request fails to comply with any of the requirements of 37 CFR 1.610, the patent owner will be given a single opportunity to correct the defects in the request.”
To learn more:
MPEP 2816.03 – Content Of The Determination (1)
The USPTO determines if a Substantial New Question of Patentability (SNQ) is raised by reviewing the items of information presented in the supplemental examination request. The examiner considers whether the information would be important to a reasonable examiner in determining patentability.
According to the MPEP: For each item of information, the examiner need only identify one SNQ (e.g., a teaching that would be important to a reasonable examiner when determining patentability) for each identified claim.
The determination is made on a claim-by-claim basis, and the examiner must provide a detailed explanation in the Reasons Document.
To learn more:
Patent Law (4)
How do I update my address for patent correspondence with the USPTO?
To update your address for patent correspondence with the USPTO:
- Use the Change of Correspondence Address Form PTO/AIA/122 for applications filed on or after September 16, 2012.
- Use Form PTO/SB/122 for applications filed before September 16, 2012.
- Submit the form to the USPTO’s Mail Stop Post Issue division.
The MPEP states: “A patent owner’s change of address may be filed with the USPTO through the Office of Patent Legal Administration (OPLA).” (MPEP 2805)
Ensure you follow the proper procedures to maintain accurate communication channels with the USPTO regarding your patent.
To learn more:
When filing papers in an ex parte reexamination resulting from a supplemental examination, follow these guidelines as per MPEP 2806:
- Use the USPTO’s Patent Electronic Filing System-Web (EFS-Web) or Patent Center for electronic filing.
- For paper filings, send documents to: Mail Stop Ex Parte Reexam, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
- Include the control number assigned to the reexamination proceeding.
- Clearly mark all papers with “EX PARTE REEXAMINATION” to ensure proper routing.
The MPEP states: “Any paper filed in an ex parte reexamination proceeding resulting from a supplemental examination proceeding should be filed as provided in 37 CFR 1.1(c).” This ensures that your documents are properly processed and routed within the USPTO.
To learn more:
The USPTO determines if a Substantial New Question of Patentability (SNQ) is raised by reviewing the items of information presented in the supplemental examination request. The examiner considers whether the information would be important to a reasonable examiner in determining patentability.
According to the MPEP: For each item of information, the examiner need only identify one SNQ (e.g., a teaching that would be important to a reasonable examiner when determining patentability) for each identified claim.
The determination is made on a claim-by-claim basis, and the examiner must provide a detailed explanation in the Reasons Document.
To learn more:
If a request for supplemental examination fails to comply with 37 CFR 1.610, the following process occurs:
- The Office will notify the patent owner of any defects in the request.
- The patent owner is given a non-extendable period of 30 days to correct the defects.
- If the defects are not corrected within the 30-day period, the request will not be granted a filing date and will not be entitled to a refund of the fee for reexamination.
As stated in the MPEP 2812: “If the request fails to comply with any of the requirements of 37 CFR 1.610, the patent owner will be given a single opportunity to correct the defects in the request.”
To learn more:
Patent Procedure (4)
How do I update my address for patent correspondence with the USPTO?
To update your address for patent correspondence with the USPTO:
- Use the Change of Correspondence Address Form PTO/AIA/122 for applications filed on or after September 16, 2012.
- Use Form PTO/SB/122 for applications filed before September 16, 2012.
- Submit the form to the USPTO’s Mail Stop Post Issue division.
The MPEP states: “A patent owner’s change of address may be filed with the USPTO through the Office of Patent Legal Administration (OPLA).” (MPEP 2805)
Ensure you follow the proper procedures to maintain accurate communication channels with the USPTO regarding your patent.
To learn more:
When filing papers in an ex parte reexamination resulting from a supplemental examination, follow these guidelines as per MPEP 2806:
- Use the USPTO’s Patent Electronic Filing System-Web (EFS-Web) or Patent Center for electronic filing.
- For paper filings, send documents to: Mail Stop Ex Parte Reexam, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
- Include the control number assigned to the reexamination proceeding.
- Clearly mark all papers with “EX PARTE REEXAMINATION” to ensure proper routing.
The MPEP states: “Any paper filed in an ex parte reexamination proceeding resulting from a supplemental examination proceeding should be filed as provided in 37 CFR 1.1(c).” This ensures that your documents are properly processed and routed within the USPTO.
To learn more:
The USPTO determines if a Substantial New Question of Patentability (SNQ) is raised by reviewing the items of information presented in the supplemental examination request. The examiner considers whether the information would be important to a reasonable examiner in determining patentability.
According to the MPEP: For each item of information, the examiner need only identify one SNQ (e.g., a teaching that would be important to a reasonable examiner when determining patentability) for each identified claim.
The determination is made on a claim-by-claim basis, and the examiner must provide a detailed explanation in the Reasons Document.
To learn more:
If a request for supplemental examination fails to comply with 37 CFR 1.610, the following process occurs:
- The Office will notify the patent owner of any defects in the request.
- The patent owner is given a non-extendable period of 30 days to correct the defects.
- If the defects are not corrected within the 30-day period, the request will not be granted a filing date and will not be entitled to a refund of the fee for reexamination.
As stated in the MPEP 2812: “If the request fails to comply with any of the requirements of 37 CFR 1.610, the patent owner will be given a single opportunity to correct the defects in the request.”
To learn more: