What 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 MoreAre interviews allowed in ex parte reexamination resulting from supplemental examination?
Yes, interviews are generally permitted in ex parte reexamination proceedings that result from a supplemental examination. The MPEP states: “Interviews conducted in connection with any ex parte reexamination ordered under 35 U.S.C. 257 as a result of the supplemental examination proceeding are governed by the regulations governing ex parte reexamination proceedings.” This means that while…
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