Can a partial patent owner file a request for supplemental examination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

No, a partial patent owner cannot file a request for supplemental examination. The MPEP 2803 clearly states:

“A request for supplemental examination may be filed by the owner(s) of the entire right, title, and interest in the patent.”

This means that all owners of the patent must be involved in filing the request. If there are multiple owners, they must act together to file the request or authorize a single representative to act on behalf of all owners. Partial owners do not have the authority to independently file a supplemental examination request.

Topics: MPEP 2800 - Supplemental Examination MPEP 2803 - Persons Who May File A Request For Supplemental Examination Patent Law Patent Procedure
Tags: Certified Copy Ordering, Fees Payment, Third Party Fee, Third Party Request