What information should be included in the notification of other post-patent proceedings?
The notification of other post-patent proceedings during supplemental examination should include specific information as outlined in MPEP 2820:
- The type of proceeding (e.g., ex parte or inter partes reexamination, reissue, supplemental examination, post-grant review, inter partes review, or covered business method patent review)
- An identifying number, such as a control number or reissue application number
- The filing date of the other post-patent Office proceeding
The MPEP specifically states: “The notice shall be limited to an identification of the post-patent Office proceeding, including the type of proceeding, the identifying number of any such proceeding (e.g., a control number or reissue application number), and the filing date of any such proceeding, without any discussion of the issues of the current supplemental examination proceeding or of the identified post-patent Office proceeding(s).“
It’s important to note that the notice should not include any additional arguments, information, or copies of papers from the other proceedings.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2820 - Submission Of Notification Of Other Prior Or Concurrent Post - Patent Office Proceedings,
Patent Law,
Patent Procedure