What is the time frame for the USPTO to determine if a Substantial New Question (SNQ) of patentability is raised in a supplemental examination request?
According to MPEP 2816, the USPTO is required to make a determination within three months following the filing date of a request for supplemental examination. Specifically, the MPEP states: “35 U.S.C. 257(a) and 37 CFR 1.620(b) require that, within three months following the filing date of a request for supplemental examination, the Office will determine…
Read MoreHow does the USPTO conclude a supplemental examination proceeding?
A supplemental examination proceeding concludes with the issuance of a specific document. According to MPEP 2815: “A supplemental examination proceeding concludes with the issuance of a supplemental examination certificate, indicating the results of the examiner’s determination.” This certificate serves as the official record of the examiner’s determination regarding whether a substantial new question of patentability…
Read MoreWhat standard does the USPTO use to determine if an item of information raises a Substantial New Question (SNQ) of patentability in a supplemental examination?
The USPTO uses the same standard for determining whether an item of information raises a Substantial New Question (SNQ) of patentability in supplemental examination as it does for ex parte reexaminations. According to MPEP 2816: “The standard for determining whether an item of information properly submitted as part of the request raises a SNQ will…
Read MoreHow should USPTO personnel handle inquiries from third parties about supplemental examination?
USPTO personnel should not engage in discussions with third parties regarding specific supplemental examination proceedings. The MPEP 2803.01 states: “Office personnel, including both the examining and the technical support staff, should not enter into a discussion with, or answer inquiries from, third parties (i.e., parties who are not the patent owner) regarding a supplemental examination…
Read MoreWhat is the requirement for notifying the USPTO about other post-patent proceedings during supplemental examination?
According to MPEP 2820, patent owners must notify the USPTO as soon as possible about any other prior or concurrent post-patent Office proceedings involving the patent under supplemental examination. This requirement is outlined in 37 CFR 1.620(d), which states: “The patent owner must, as soon as possible upon the discovery of any other prior or…
Read MoreWhat notice does the USPTO issue when granting a filing date for a supplemental examination request?
When the USPTO grants a filing date to a supplemental examination request, it issues a formal notice to the patent owner. According to MPEP 2812.01: “If the request is granted a filing date, the Office will mail a ‘Notice of Supplemental Examination Request Filing Date’.” This notice serves as official confirmation that the supplemental examination…
Read MoreWhat happens if the USPTO fails to issue a determination on a supplemental examination request within 3 months?
According to MPEP 2816, if the USPTO fails to issue a determination on a supplemental examination request within 3 months, the following occurs: “If the Office does not issue a determination on the request within 3 months, supplemental examination is deemed to be concluded.” This means that even if the USPTO doesn’t respond within the…
Read MoreHow does the USPTO handle minor defects in a corrected request for supplemental examination?
The USPTO has discretion in handling minor defects in corrected requests for supplemental examination. According to the MPEP, “If the Office determines that a corrected request only contains one or more defects of minor character, the Office may, in its sole discretion, enter the defective corrected request, correct the defect(s) sua sponte, and/or request a…
Read MoreHow does the USPTO handle cumulative information in supplemental examination?
The USPTO’s handling of cumulative information in supplemental examination is addressed in MPEP 2816.02. Key points include: Cumulative information generally does not raise a substantial new question of patentability (SNQ) Information is cumulative when it teaches no more than what was previously known from cited prior art in the record However, a combination of references…
Read MoreCan USPTO examiners discuss the consideration of specific evidence in a concluded supplemental examination?
No, USPTO examiners should not discuss the consideration of specific evidence in concluded supplemental examinations with external parties. The MPEP 2803.01 clearly states: “Employees of the Office, particularly CRU examiners who have conducted a supplemental examination proceeding that has been concluded, should not discuss or answer inquiries from any person outside the Office as to…
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