How does the USPTO handle multiple items of information in a supplemental examination request?
The USPTO handles multiple items of information in a supplemental examination request by addressing each item individually. According to MPEP 2816.03: “The determination should separately address each issue that is raised by an item of information.” This means that for each item of information submitted, the examiner must: Identify the item Identify any issues raised…
Read MoreWhat must a patent owner include in a supplemental examination request?
According to MPEP 2816.01, a patent owner must include specific information in a supplemental examination request: “[a] separate, detailed explanation of the relevance and manner of applying each item of information to each claim of the patent for which supplemental examination is requested.” This requirement is specified in 37 CFR 1.610(b)(5). If the patent owner…
Read MoreHow is a supplemental examination proceeding initiated?
A supplemental examination proceeding is initiated by filing a request that complies with specific requirements. According to MPEP 2817: “A supplemental examination proceeding is initiated by the filing of a request for supplemental examination that complies with 35 U.S.C. 257 and 37 CFR 1.601 et seq., and all other applicable rules” This means that patent…
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