Can I use facsimile transmission to file a request for supplemental examination?
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, requests for supplemental examination cannot be facsimile-transmitted. This prohibition also applies to corrected requests filed in response to a Notice of Noncompliant Supplemental Examination Request.
The MPEP clearly states: “Requests for supplemental examination may not be facsimile-transmitted. This is also true for a corrected request that is filed in response to a Notice ofNoncompliant Supplemental Examination Request (see MPEP §§ 2812.02 – 2812.03), since the corrected request stands in place of the original request.” (MPEP 2806)
However, other papers to be filed in a supplemental examination proceeding (except for the initial request or a corrected request) and papers for a resulting reexamination proceeding may be facsimile-transmitted to the Central Reexamination Unit at (571) 273-9900, if they meet the criteria for proper filing via facsimile in accordance with reexamination practice.