Can the original examiner of a patent application be assigned to its supplemental examination?
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.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2822 - Assignment Of The Supplemental Examination Proceeding,
Patent Law,
Patent Procedure