What is an “item of information” in supplemental examination?
An “item of information” is defined in MPEP 2809 as “a document submitted as part of a supplemental examination request that contains information believed to be relevant to the patent, that the patent owner is requesting the Office to consider, reconsider, or correct.” This definition is based on 37 CFR 1.605(b).
Examples of items of information include:
- Journal articles
- Patents
- Affidavits or declarations
- Sales receipts
- Foreign search reports
- Dictionary pages
- Court documents
- Transcripts of audio or video recordings
It’s important to note that an item of information must be in writing, as stated in the MPEP: “37 CFR 1.605(c) requires that an item of information must be in writing in accordance with 37 CFR 1.2.”
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2809 - Items Of Information,
Patent Law,
Patent Procedure