How should USPTO personnel handle inquiries from third parties about supplemental examination?
USPTO personnel should not engage in discussions with third parties regarding specific supplemental examination proceedings. The MPEP 2803.01 states: “Office personnel, including both the examining and the technical support staff, should not enter into a discussion with, or answer inquiries from, third parties (i.e., parties who are not the patent owner) regarding a supplemental examination…
Read MoreCan USPTO examiners discuss the consideration of specific evidence in a concluded supplemental examination?
No, USPTO examiners should not discuss the consideration of specific evidence in concluded supplemental examinations with external parties. The MPEP 2803.01 clearly states: “Employees of the Office, particularly CRU examiners who have conducted a supplemental examination proceeding that has been concluded, should not discuss or answer inquiries from any person outside the Office as to…
Read MoreWhat should patent practitioners avoid when inquiring about supplemental examinations?
Patent practitioners should avoid making improper inquiries to USPTO personnel regarding specific supplemental examination proceedings. The MPEP 2803.01 advises: “Patent practitioners (or other members of the public) must not address improper inquiries to members of the patent examining corps and to the Office as a whole.” Improper inquiries include questions about whether certain evidence was…
Read MoreWhat types of questions can the CRU SPRS discuss with third parties about supplemental examination?
The Central Reexamination Unit (CRU) Supervisory Patent Reexamination Specialist (SPRS) can only discuss general procedural matters about supplemental examination with third parties. According to MPEP 2803.01: “Only questions on strictly general procedural matters regarding supplemental examination, i.e., not directed to any specific supplemental examination proceeding, may be discussed by the CRU SPRS with that party.”…
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