What is supplemental examination?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Owner Can Request Supplemental Examination MPEP 2802 Permitted Patent Owner May Request Supplemental Examination to Consider Relevant Information MPEP 2802 Permitted Supplemental Examination Requirement for Patent Enforcement Actions MPEP 2802 Prohibited Director Can Set Supplemental Examination Requirements MPEP 2802 Supplemental Examination for Patent Enforceability MPEP 2802 Prohibited Information for Supplemental Exam Not Limited to Patents and Printed Publications MPEP 2802 Permitted Supplemental Examination Certificate Indicates New Question of Patentability Requires Reexamination MPEP 2802 Patent Owner Lacks Section 304 Statement Right During Reexamination MPEP 2802 Prohibited Fees for Supplemental Examination Requests Must Be Established by Regulation MPEP 2802 Required Fees for Supplemental Examination Requests MPEP 2802 Required Other Related FAQs 5 FAQs Collapse What fees are associated with supplemental examination? How does the USPTO handle potential fraud discovered during supplemental examination? How does supplemental examination affect pat...