What happens to unauthorized or improper papers filed in a supplemental examination proceeding?

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 2813, unauthorized or improper papers filed in a supplemental examination proceeding are not entered into the official file or considered. If such papers are inadvertently entered, they will be expunged.

Specifically, 37 CFR 1.620(c) states: “if an unauthorized or otherwise improper paper is filed in a supplemental examination proceeding, it will not be entered into the official file or considered, or if inadvertently entered, it will be expunged.

This means that any papers not specifically allowed in the supplemental examination process will be either rejected or removed from the record to maintain the integrity of the proceeding.

Topics: In A Supplemental Examination Proceeding MPEP 2800 - Supplemental Examination MPEP 2813 - Handling Of Papers Other Than A Request Patent Law Patent Procedure
Tags: Reexamination Order, Reissue Consent, supplemental examination