What documents must be included with a supplemental examination request?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

According to MPEP 2811, the following documents must be included with a supplemental examination request:

  • A copy of the patent for which supplemental examination is requested, including the specification and claims in double column format
  • A copy of any disclaimer or certificate issued for the patent
  • Copies of each item of information listed in the request, except for U.S. patents and U.S. patent application publications
  • English translations of any non-English language documents

The MPEP states: “The requirement of 37 CFR 1.610(b)(7) is important because it allows for all materials to be available to the examiner for full consideration within the three-month statutory time period for supplemental examination.”

Additionally, for documents over 50 pages in length, a summary of the relevant portions with citations to the particular pages containing the relevant portions must be provided.

Topics: MPEP 2800 - Supplemental Examination MPEP 2811 - Content Of Request For Supplemental Examination Patent Law Patent Procedure
Tags: Form Types, Snq Denial, Supplemental Exam Content, supplemental examination, Supplemental Examination Request