Under what conditions will the USPTO enter a supplemental reply?

The USPTO may enter a supplemental reply if it meets specific criteria. According to MPEP 714.03(a), the Office may enter a supplemental reply if it is clearly limited to:

  • Cancellation of a claim(s)
  • Adoption of the examiner’s suggestions
  • Placement of the application in condition for allowance
  • Reply to an Office requirement made after the first reply was filed
  • Correction of informalities (e.g., typographical errors)
  • Simplification of issues for appeal

The MPEP further states: ‘This list is not exhaustive. The examiner has the discretion to approve the entry of a supplemental reply that is not listed above.’

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Tags: patent examination, Supplemental Reply, USPTO