What are the requirements for identifying patent owners in a supplemental examination request?
When submitting a request for supplemental examination, it is crucial to properly identify the patent owner(s). According to MPEP 2811:
“The request must include an identification of the owner(s) of the entire right, title, and interest in the patent requested to be examined, and a submission by the patent owner in compliance with 37 CFR 3.73(c) establishing the entirety of the ownership in the patent requested to be examined.”
To comply with this requirement:
- Identify all current owners of the entire right, title, and interest in the patent
- Submit documentation in compliance with 37 CFR 3.73(c) to establish ownership
- Ensure that the identification is up-to-date and accurate at the time of filing the request
Proper identification of patent owners is essential for the USPTO to verify the requester’s right to file for supplemental examination and to ensure all relevant parties are involved in the process.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2811 - Content Of Request For Supplemental Examination,
Patent Law,
Patent Procedure