What is supplemental examination?
Supplemental examination is a process provided by 35 U.S.C. 257 that allows a patent owner to request the USPTO to “consider, reconsider, or correct information believed to be relevant to the patent.” As stated in the MPEP: “35 U.S.C. 257(a) provides that supplemental examination may be requested by the patent owner to consider, reconsider, or…
Read MoreWhat types of information can be considered in a supplemental examination?
Supplemental examination is not limited to patents and printed publications. The MPEP states: “The information presented in a request for supplemental examination is not limited to patents and printed publications, and may include, for example, issues of patentability under 35 U.S.C. 101 and 112.” This means that patent owners can request consideration of a wide…
Read MoreHow does supplemental examination affect patent enforceability?
Supplemental examination can have a significant impact on patent enforceability. According to the MPEP: “35 U.S.C. 257(c) specifies the effect of a supplemental examination under 35 U.S.C. 257(a) and any resulting ex parte reexamination under 35 U.S.C. 257(b) on the enforceability of the patent.” Generally, if information is considered, reconsidered, or corrected during supplemental examination,…
Read MoreHow does the USPTO handle potential fraud discovered during supplemental examination?
The USPTO has specific procedures for handling potential fraud discovered during supplemental examination. The MPEP explains: “In accordance with 35 U.S.C. 257(e), if the Office becomes aware, during the course of a supplemental examination or ex parte reexamination ordered under 35 U.S.C. 257, that a material fraud on the Office may have been committed in…
Read MoreWhat fees are associated with supplemental examination?
The USPTO charges fees for supplemental examination, as authorized by statute. The MPEP states: “35 U.S.C. 257(d)(1) provides the Director with authority to establish fees for filing a request for supplemental examination and for considering each item of information submitted with the request.” Additionally, if an ex parte reexamination is ordered as a result of…
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