Can the original examiner of a patent application be assigned to its supplemental examination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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, the original examiner of a patent application cannot be assigned to its supplemental examination. The MPEP explicitly states that the Supervisory Patent Examiner (SPE) will assign the request to a primary examiner, other than the examiner who originally examined the patent application. This policy ensures a fresh perspective and helps maintain the integrity of the supplemental examination process.

Topics: MPEP 2800 - Supplemental Examination MPEP 2822 - Assignment Of The Supplemental Examination Proceeding Patent Law Patent Procedure
Tags: Examiner Assignment, Original Examiner, supplemental examination