Can court documents and non-patent literature be modified when submitting for supplemental examination?
According to MPEP 2807, court documents and non-patent literature can be redacted but must otherwise remain unmodified. The MPEP states:
“37 CFR 1.615(b) provides that court documents and non-patent literature may be redacted, but must otherwise be identical both in content and in format to the original documents, and if a court document, to the document submitted in court, and must not otherwise be reduced in size or modified, particularly in terms of font type, font size, line spacing, and margins.”
This means that while sensitive information can be redacted, the overall format and content of these documents must remain unchanged when submitted for supplemental examination.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2807 - Format Of Papers Filed In A Supplemental Examination Proceeding,
Patent Law,
Patent Procedure