What are the content requirements for a request for supplemental examination?

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 content requirements for a request for supplemental examination are set forth in 37 CFR 1.610(b). The key elements include:

  • Identification of the patent number
  • A list of items of information to be considered, reconsidered, or corrected
  • A list of any other prior or concurrent post-patent Office proceedings
  • Identification of each claim for which supplemental examination is requested
  • A separate, detailed explanation of the relevance and manner of applying each item of information to each claim
  • A copy of the patent and any disclaimer or certificate issued for the patent
  • Copies of items of information (with translations if necessary)
  • A summary of relevant portions of documents over 50 pages
  • Identification of patent owner(s) and submission establishing ownership

The USPTO provides Form PTO/SB/59 to assist in filing requests for supplemental examination.

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