What documentation is required to prove ownership when filing a supplemental examination request?
When filing a request for supplemental examination, the patent owner must provide documentation to prove ownership. According to MPEP 2803:
“The patent owner must establish its ownership of the patent in the request for supplemental examination, unless the ownership has already been established in the patent file and there has been no change in ownership.”
This typically involves submitting:
- A copy of the assignment document(s) if not already recorded with the USPTO
- A statement confirming current ownership if there have been changes since the last recorded assignment
- In cases of multiple owners, documentation showing the agreement of all owners to file the request
If the ownership information is already up-to-date in the patent file, no additional documentation may be necessary. However, it’s crucial to ensure that the USPTO has the most current ownership information on record.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2803 - Persons Who May File A Request For Supplemental Examination,
Patent Law,
Patent Procedure