What is a supplemental amendment in patent prosecution?
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.
A supplemental amendment is an additional reply filed after an initial response to an Office action. According to MPEP 714.03(a), supplemental replies are not entered as a matter of right, except in specific circumstances. The MPEP states:
‘Supplemental replies will not be entered as a matter of right, except when a supplemental reply is filed within a suspended period under 37 CFR 1.103(a) or (c) (e.g., a suspension of action requested by the applicant when filing an RCE).’
The Office may, however, enter a supplemental reply if it meets certain criteria, such as cancellation of claims or adoption of examiner suggestions.