What happens if I request an interview during supplemental examination?
If you request an interview during a supplemental examination proceeding, your request will be considered unauthorized and will not be granted. The MPEP states: “Any paper requesting an interview that is filed in a supplemental examination proceeding is an unauthorized paper, and will be expunged from the file if inadvertently entered.” This means that even…
Read MoreWhat happens if the fees for a supplemental examination request are insufficient?
If the fees submitted for a supplemental examination request are insufficient, the USPTO has a specific process to address this issue. According to MPEP 2812: “If the fees submitted are inadequate, … a notice will be mailed to the patent owner stating that the request lacks the necessary fees to be accorded a filing date.”…
Read MoreCan a patent owner incorporate by reference a paper from another proceeding in a supplemental examination request?
No, a patent owner cannot incorporate by reference a paper from another proceeding to satisfy the detailed explanation requirement in a supplemental examination request. The MPEP clearly states: “A request for supplemental examination must stand on its own. A request for supplemental examination cannot be made, and the requirements for a detailed explanation pursuant to…
Read MoreWhat happens if a request for supplemental examination is incomplete?
If a request for supplemental examination is incomplete, the Office will take the following actions: A notice will be mailed to the patent owner detailing the defects in the request. The patent owner will be given a time period to complete the request. This time period is typically 30 days from the mailing date of…
Read MoreWhy is notifying the USPTO about other post-patent proceedings important during supplemental examination?
Notifying the USPTO about other post-patent proceedings during supplemental examination is crucial for several reasons, as outlined in MPEP 2820: Quality Determination: The MPEP states, “Knowledge of other proceedings is important to ensure a quality determination.” This information helps examiners make informed decisions during the supplemental examination process. Statutory Time Constraint: The USPTO must conclude…
Read MoreHow should I submit a request for supplemental examination?
A request for supplemental examination should be submitted as a new, separate, and independent submission. It should not be deposited in the file of the patent for which supplemental examination is requested, or in any other application, patent, or proceeding file. The request should be clearly identified with a heading such as “REQUEST FOR SUPPLEMENTAL…
Read MoreHow do I file papers in a supplemental examination proceeding?
To file papers in a supplemental examination proceeding, follow these guidelines: Use the USPTO’s Patent Electronic Filing System-Web (EFS-Web) or Patent Center for electronic filing. For paper filings, send documents to: Mail Stop Supplemental Examination, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. Include the control number assigned to the supplemental examination proceeding. Clearly…
Read MoreHow are supplemental examination requests assigned to specific art units?
Supplemental examination requests are assigned to specific art units within the Central Reexamination Unit (CRU) based on the technology area of the patent. According to the MPEP, The CRU art unit which examines the technology (Chemical, Electrical, Mechanical, etc.) in which the patent to be examined is currently classified as an original patent, will be…
Read MoreWhat happens if fraud is suspected during reexamination or supplemental examination?
If fraud is suspected during reexamination or supplemental examination, the USPTO has specific procedures in place. For reexamination proceedings, MPEP 2014 states: “Any fraud practiced or attempted on the Office or any violation of the duty of disclosure through bad faith or intentional misconduct by any such individual results in noncompliance with 37 CFR 1.555(a).…
Read MoreHow does the USPTO handle potential fraud discovered during supplemental examination?
The USPTO has specific procedures for handling potential fraud discovered during supplemental examination. The MPEP explains: “In accordance with 35 U.S.C. 257(e), if the Office becomes aware, during the course of a supplemental examination or ex parte reexamination ordered under 35 U.S.C. 257, that a material fraud on the Office may have been committed in…
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