Under what conditions will the USPTO enter a supplemental reply?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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 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.’