How many items of information can be included in a supplemental examination request?
According to MPEP 2809, each request for supplemental examination is limited to no more than twelve items of information. This limit is specified in 37 CFR 1.605(a).
However, the MPEP clarifies that this limit does not prevent patent owners from obtaining review of additional items:
“37 CFR 1.605(a) also permits the filing of more than one request for supplemental examination of the same patent at any time during the period of enforceability of the patent. Therefore, patent owner is not precluded from obtaining review of any item of information despite the twelve-item limit, because the patent owner may file one or more additional requests for supplemental examination of the same patent sequentially or at the same time, each of which may include up to twelve additional items of information.”
This means that if a patent owner needs to submit more than twelve items, they can do so by filing multiple requests for supplemental examination.
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