Who processes requests for supplemental examination?
According to MPEP 2812, requests for supplemental examination are processed by the Central Reexamination Unit (CRU) of the USPTO. The MPEP states: “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…
Read MoreWho can file a request for supplemental examination?
According to MPEP 2811, a request for supplemental examination must be filed by the owner(s) of the entire right, title, and interest in the patent. This requirement is specified in 37 CFR 1.601(a). The MPEP explains: “This is because the scope of a patent may be changed (e.g., by cancellation or amendment of the claims)…
Read MoreWho assigns supplemental examination requests?
Supplemental examination requests are assigned to the Central Reexamination Unit (CRU). As stated in the MPEP, Supplemental examination requests will be assigned to the Central Reexamination Unit (CRU) in the same manner in which reexamination requests are assigned. This means that the CRU handles the assignment process for supplemental examination requests, similar to how they…
Read MoreWho is responsible for assigning supplemental examination requests to examiners?
Within the assigned art unit of the Central Reexamination Unit (CRU), the Supervisory Patent Examiner (SPE) is responsible for assigning supplemental examination requests to examiners. The MPEP states, In that art unit, the CRU Supervisory Patent Examiner (SPE) will assign the request to a primary examiner, other than the examiner who originally examined the patent…
Read MoreWhen did supplemental examination become available?
Supplemental examination became available on September 16, 2012. This new procedure was introduced as part of the Leahy-Smith America Invents Act (AIA). The MPEP states: “Supplemental examination became available on September 16, 2012, as a result of new section 257 of Title 35, United States Code, which was added by Public Law 112-29, enacted on…
Read MoreWhen can a patent owner file a request for supplemental examination?
A patent owner can file a request for supplemental examination at any time during the period of enforceability of the patent. This is specified in 37 CFR 1.601(c), which states: “A request for supplemental examination of a patent may be filed at any time during the period of enforceability of the patent.” This rule was…
Read MoreWhat 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 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…
Read MoreWhat is the timeframe for the USPTO to decide on a supplemental examination request?
According to MPEP 2815, the USPTO has a specific timeframe to decide on a supplemental examination request. The manual states: “Within three months after the filing date of a request for supplemental examination, the Office will determine whether a substantial new question of patentability affecting any claim of the patent is raised by any of…
Read MoreWhat is the time frame for the USPTO to issue a supplemental examination certificate?
The USPTO has a specific time frame for issuing a supplemental examination certificate. According to MPEP 2816: “The Office will issue a supplemental examination certificate within three months of the filing date of the request.” This three-month period is statutorily mandated by 35 U.S.C. 257(a). The certificate will indicate whether the items of information presented…
Read More