What types of U.S. patent documents are considered prior art under AIA 35 U.S.C. 102(a)(2)?

Under AIA 35 U.S.C. 102(a)(2), three types of U.S. patent documents are considered prior art as of their effective filing date if they name another inventor: U.S. patents U.S. patent application publications World Intellectual Property Organization (WIPO) publications of international applications that designate the United States As stated in the MPEP: “AIA 35 U.S.C. 102(a)(2)…

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What types of items can be submitted for supplemental examination?

According to MPEP 2809, a wide range of items can be submitted for supplemental examination, including: Patents Published patent applications Non-patent literature Office actions or other documents from a foreign or domestic application Affidavits or declarations Sales receipts Copies of websites Office actions or official documents from the USPTO The MPEP states: “An “item of…

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What are the formatting requirements for papers filed in a supplemental examination proceeding?

According to MPEP 2807, all papers submitted in a supplemental examination proceeding must be formatted in accordance with 37 CFR 1.52. The MPEP states: “37 CFR 1.615(a) requires that all papers submitted in a supplemental examination proceeding must be formatted in accordance with 37 CFR 1.52.” This means that documents must follow specific guidelines for…

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What types of documents are processed during supplemental examination?

The MPEP 2812 provides information on the types of documents processed during supplemental examination: “All processing of requests for supplemental examination and of other papers filed in a supplemental examination proceeding and in any resulting ex parte reexamination proceeding will be performed by the staff of the Central Reexamination Unit.” Based on this statement, the…

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