What is the difference between filing papers for supplemental examination and ex parte reexamination?

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.

The main differences in filing papers for supplemental examination and ex parte reexamination are:

• Mailing Address: Supplemental examination papers go to “Mail Stop Supplemental Examination,” while ex parte reexamination papers go to “Mail Stop Ex Parte Reexam.”
• Marking: Papers should be marked “SUPPLEMENTAL EXAMINATION” or “EX PARTE REEXAMINATION” respectively.
• Control Number: Each proceeding is assigned a unique control number that must be included on all correspondence.

According to MPEP 2806: “All papers filed in a supplemental examination proceeding must be distinctly marked as such and include the correct control number. Similarly, all papers filed in any resulting ex parte reexamination proceeding must be distinctly marked as such and include the control number assigned to the reexamination proceeding.”

It’s crucial to follow these specific guidelines to ensure proper routing and processing of your documents within the USPTO.