Can third parties participate in a supplemental examination proceeding?

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, third parties are prohibited from participating in supplemental examination proceedings. MPEP 2813 clearly states this prohibition based on statutory and regulatory requirements:

“In accordance with 35 U.S.C. 257(a), any party other than the patent owner is prohibited from filing papers or otherwise participating in any manner in the supplemental examination proceeding. See 37 CFR 1.601(b). If a third party files any petition or other paper in a supplemental examination proceeding, it will not be entered into the official file or considered. If such papers are inadvertently entered, they will be expunged.“

This restriction ensures that the supplemental examination process remains a tool exclusively for patent owners to address potential issues with their patents.