What are the content requirements for a request for supplemental examination?
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.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2811 - Content Of Request For Supplemental Examination,
Patent Law,
Patent Procedure