Can audio or video recordings be submitted as items of information in supplemental examination?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. According to MPEP 2809 , audio or video recordings cannot be directly submitted as items of information in supplemental examination. The MPEP states: “The Office does not currently have the capability of retaining records in unwritten form. For this reason, any audio or video recording must be submitted in the form of a written transcript in order to be considered.” However, the MPEP provides guidance on how to submit information from audio or video sources: Submit a written transcript of the audio or video recording. For video recordings, you may also submit “copies of selected images of the video, and a discussion of the correlation between the transcript and the copies of the video images.” This requirement ensures that all items of information are in a format that can be easily reviewed and retained by the USPTO while still allowing patent owners to present relevant information from audio or video sources. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Transcript and Selected Video Images Required for Supplemental Examination MPEP 2809 Permitted Combining Items of Information for Supplemental Examination MPEP 2809 Permitted Counting Separate Items of Information in Declaration MPEP 2809 No Amendments Allowed In Supplemental Examination MPEP 2809 Permitted No Amendments in Supplemental Examination MPEP 2809 Amendments Not Allowed In Supplemental Examination MPEP 2809 Written Transcript Requirement for Audio/Video Recordings MPEP 2809 Required Requirement for Supplemental Examination Request Content MPEP 2809 Limit on Supplemental Examination Requests MPEP 2809 Permitted Supplemental Examination Request Must Clearly Set Information MPEP 2809 Other Related FAQ...