What are the potential grounds for patentability in supplemental examination?
Supplemental examination can involve a wide range of patentability grounds. According to the MPEP:
“[T]he information submitted as part of a request for supplemental examination may involve any ground of patentability, such as, for example, patent eligible subject matter, anticipation, public use or sale, obviousness, written description, enablement, indefiniteness, and double-patenting.”
This comprehensive approach allows patent owners to address various potential issues that might affect the validity or enforceability of their patent, providing an opportunity to strengthen the patent’s position against future challenges.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2801 - Introduction,
Patent Law,
Patent Procedure