How does supplemental examination affect patent enforceability?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. Supplemental examination can have a significant impact on patent enforceability. According to the MPEP: “ 35 U.S.C. 257(c) specifies the effect of a supplemental examination under 35 U.S.C. 257(a) and any resulting ex parte reexamination under 35 U.S.C. 257(b) on the enforceability of the patent.” Generally, if information is considered, reconsidered, or corrected during supplemental examination, the patent cannot be held unenforceable based on conduct relating to that information in a prior examination. However, there are exceptions to this rule, particularly for prior allegations and certain patent enforcement actions. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Supplemental Examination for Patent Enforceability MPEP 2802 Prohibited Supplemental Examination Requirement for Patent Enforcement Actions MPEP 2802 Prohibited Effect of Supplemental and Reexamination on Patent Enforceability MPEP 2802 Patent Not Unenforceable Due to Prior Exam Conduct MPEP 2802 Prohibited Fees for Ex Parte Reexamination Must Be Paid In Addition to Supplemental Examination Fees MPEP 2802 Required Supplemental Examination Certificate Indicates New Question of Patentability Requires Reexamination MPEP 2802 Patent Owner May Request Supplemental Examination to Consider Relevant Information MPEP 2802 Permitted Prior Allegations Not Subject to Supplemental Examination MPEP 2802 Prohibited Fees for Supplemental Examination Requests Must Be Established by Regulation MPEP 2802 Required Fees for Supplemental Examination Requests MPEP 2802 Required Other Related FAQs 5 FAQs Collapse What fees are associated with supplemental examination? How does the USPTO handle potential fraud discovered d...