How is a supplemental examination proceeding initiated?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. A supplemental examination proceeding is initiated by filing a request that complies with specific requirements. According to MPEP 2817 : “A supplemental examination proceeding is initiated by the filing of a request for supplemental examination that complies with 35 U.S.C. 257 and 37 CFR 1.601 et seq., and all other applicable rules” This means that patent owners must file a formal request that meets all the statutory and regulatory requirements to start the supplemental examination process. It’s important to ensure that the request adheres to all applicable rules to be considered valid. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Supplemental Examination Proceeding Ends With Issuance of Certificate MPEP 2817 Ex Parte Reexamination Initiated After Supplemental Exam If SNQ Raised MPEP 2817 No New Patentability Questions After Supplemental Exam MPEP 2817 Supplemental Examination Certificate Must State SNQ Determination MPEP 2817 Certificate Must Indicate SNQ of Patentability MPEP 2817 Required SNQ Requirement for Ex Parte Reexamination MPEP 2817 Information for Supplemental Examination Not Limited to Patents MPEP 2003.01 Permitted Information for Supplemental Examination Not Limited to Patents and Publications MPEP 2201 Permitted Patent Owner Can Submit Any Relevant Information MPEP 2003.01 Permitted Request for Reexamination Must Assert Substantial New Question of Patentability MPEP 2214 Required Other Related FAQs 5 FAQs Collapse What is the conclusion of a supplemental examination? What happens if no Substantial New Question of Patentability is raised? What happens if a Substantial New Question of Patentability (SNQ) is raised? Where should submissions for...