How should items of information be listed in a supplemental examination request?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

According to MPEP 2811, the list of items of information in a supplemental examination request must meet specific requirements:

  • The list must include each item of information submitted with or as part of the request.
  • Where appropriate, the list must meet the requirements of 37 CFR 1.98(b), including publication dates and identification details for U.S. patents.
  • For discussions within the request, the list must include the relevant pages and a brief description.
  • The list should clearly correspond to any copies provided and to the detailed explanations required by 37 CFR 1.610(b)(5).

The MPEP states: “Patent owners are strongly encouraged to use Part B of Office Form PTO/SB/59 to provide the list.” This form can help ensure all required information is properly listed.

Topics: MPEP 2800 - Supplemental Examination MPEP 2811 - Content Of Request For Supplemental Examination Patent Law Patent Procedure
Tags: Form Types, Snq Denial, Supplemental Exam Content, supplemental examination, Supplemental Examination Request