What fees are associated with supplemental examination?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. The USPTO charges fees for supplemental examination, as authorized by statute. The MPEP states: “ 35 U.S.C. 257(d)(1) provides the Director with authority to establish fees for filing a request for supplemental examination and for considering each item of information submitted with the request.” Additionally, if an ex parte reexamination is ordered as a result of the supplemental examination, the patent owner must pay the fees associated with ex parte reexamination. These fees are in addition to the supplemental examination fees. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Fees for Ex Parte Reexamination Must Be Paid In Addition to Supplemental Examination Fees MPEP 2802 Required Fees for Supplemental Examination Requests MPEP 2802 Required Fees for Supplemental Examination Requests Must Be Established by Regulation MPEP 2802 Required Patent Owner May Request Supplemental Examination to Consider Relevant Information MPEP 2802 Permitted Patent Owner Can Request Supplemental Examination MPEP 2802 Permitted Regulations for Supplemental Examination Requests MPEP 2802 Required Director Can Set Fees For Supplemental Examinations And Reexaminations MPEP 2802 Information for Supplemental Exam Not Limited to Patents and Printed Publications MPEP 2802 Permitted Director Can Set Supplemental Examination Requirements MPEP 2802 Supplemental Examination Certificate Indicates New Question of Patentability Requires Reexamination MPEP 2802 Other Related FAQs 5 FAQs Collapse How does the USPTO handle potential fraud discovered during supplemental examination? How does supplemental examination affect patent enforceability? What types of information can be considered in a suppl...