What happens to unauthorized or improper papers filed in a supplemental examination proceeding?
According to MPEP 2813, unauthorized or improper papers filed in a supplemental examination proceeding are not entered into the official file or considered. If such papers are inadvertently entered, they will be expunged. Specifically, 37 CFR 1.620(c) states: “if an unauthorized or otherwise improper paper is filed in a supplemental examination proceeding, it will not…
Read MoreCan third parties participate in a supplemental examination proceeding?
No, third parties are prohibited from participating in supplemental examination proceedings. MPEP 2813 clearly states this prohibition based on statutory and regulatory requirements: “In accordance with 35 U.S.C. 257(a), any party other than the patent owner is prohibited from filing papers or otherwise participating in any manner in the supplemental examination proceeding. See 37 CFR…
Read MoreHow are petitions handled in a supplemental examination proceeding?
MPEP 2813 addresses the handling of petitions in supplemental examination proceedings. According to the guidelines: “37 CFR 1.620(b) provides that the Office may hold in abeyance an 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…
Read MoreCan an Application Data Sheet (ADS) be submitted in a supplemental examination proceeding?
No, an Application Data Sheet (ADS) cannot be submitted in a supplemental examination proceeding. MPEP 2813 explicitly states: “An application data sheet (ADS) under 37 CFR 1.76 cannot be submitted in a supplemental examination proceeding since a supplemental examination proceeding is not an ‘application.’“ This clarification is important because while ADSs are commonly used in…
Read MoreWhat papers are allowed to be filed after a request for supplemental examination?
According to MPEP 2813, after filing a request for supplemental examination, only two types of papers are generally allowed: A corrected request filed in response to a notice of noncompliant supplemental examination request A notice of a prior or concurrent post-patent Office proceeding pursuant to 37 CFR 1.620(d) The MPEP states: “After filing a request…
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