What is a Supplemental Examination Certificate?

A Supplemental Examination Certificate is a document prepared by the USPTO that lists all items of information properly submitted as part of a supplemental examination request. It states whether a substantial new question of patentability (SNQ) affecting at least one claim of the patent is raised in the request. According to the MPEP, The supplemental…

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What is ex parte reexamination?

Ex parte reexamination is a procedure that allows any person to request a review of an issued patent at any time during its enforceability period. The process involves the United States Patent and Trademark Office (USPTO) examining the patent again to determine if there is a substantial new question of patentability. According to MPEP 2209,…

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How does the USPTO handle prior art that was previously considered during the original examination?

The USPTO has specific guidelines for handling prior art in ex parte reexamination that was previously considered during the original examination. According to MPEP 2244: “If prior art patents or printed publications are presented by the reexamination requester for review in a reexamination proceeding, and the requester has not had the patents or printed publications…

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What triggers an order for inter partes reexamination?

An order for inter partes reexamination is triggered when the Director finds that a substantial new question of patentability (SNQ) affecting a claim of a patent is raised, or that there is a reasonable likelihood that the requester would prevail (RLP) with respect to at least one of the claims challenged in the request. As…

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What must be included in a supplemental examination determination?

According to MPEP 2816.03, a supplemental examination determination must include: An identification of each item of information An identification of each issue raised by each item of information A statement of the basis for the determination for each issue identified The MPEP states: “The determination must identify each item of information that raises a substantial…

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