How does supplemental examination differ from ex parte reexamination?
Supplemental examination differs from ex parte reexamination in several key aspects:
- Information scope: Supplemental examination allows consideration of any information relevant to the patent, while ex parte reexamination is limited to patents and printed publications.
- Grounds of patentability: Supplemental examination can involve any ground of patentability, including subject matter eligibility, novelty, obviousness, written description, enablement, indefiniteness, and double-patenting.
- Initiation: Only patent owners can request supplemental examination, whereas ex parte reexamination can be requested by anyone.
The MPEP notes: “Unlike ex parte reexamination practice, the information that the patent owner may request to be considered, reconsidered, or corrected in a supplemental examination proceeding is not limited to patents and printed publications.”
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2801 - Introduction,
Patent Law,
Patent Procedure