What is supplemental examination?

Supplemental examination is a process provided by 35 U.S.C. 257 that allows a patent owner to request the USPTO to “consider, reconsider, or correct information believed to be relevant to the patent.” As stated in the MPEP:

35 U.S.C. 257(a) provides that supplemental examination may be requested by the patent owner to consider, reconsider, or correct information believed to be relevant to the patent in accordance with requirements established by the Office.”

This process can be used to address potential issues that may affect the patent’s enforceability.

To learn more:

Topics: MPEP 2800 - Supplemental Examination, MPEP 2802 - Supplemental Examination, Patent Law, Patent Procedure
Tags: patent enforcement, patent law, supplemental examination, USPTO procedures