How does the USPTO handle multiple items of information in a supplemental examination request?

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.

The USPTO handles multiple items of information in a supplemental examination request by addressing each item individually. According to MPEP 2816.03:

“The determination should separately address each issue that is raised by an item of information.”

This means that for each item of information submitted, the examiner must:

• Identify the item
• Identify any issues raised by that item
• Provide a statement of the basis for the determination for each identified issue

This approach ensures a thorough and comprehensive review of all submitted information, giving patent owners a clear understanding of how each item affects their patent’s validity.