What is a supplemental action in patent examination?
A supplemental action is a follow-up action taken by a patent examiner when an amendment is filed on or before the mailing date of the regular action but reaches the Technology Center later. According to MPEP 714.05:
“A supplemental action may be necessary when an amendment is filed on or before the mailing date of the regular action but reaches the Technology Center later. The supplemental action should be promptly prepared.”
Key points about supplemental actions:
- They should be prepared promptly
- They need not reiterate all portions of the previous action that are still applicable
- They should specify which portions of the previous action are to be disregarded
- The period for reply runs from the mailing of the supplemental action
- The action should be headed “Responsive to amendment of (date) and supplemental to the action mailed (date).”
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