What are the potential grounds for patentability in supplemental examination?

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.

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.