What is the scope of the USPTO’s determination in a supplemental examination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 9 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. The MPEP 2815 outlines the scope of the USPTO’s determination in a supplemental examination: “The determination will generally be limited to a review of the item(s) of information identified in the request as applied to the identified claim(s) of the patent. The determination will be based on the claims in effect at the time of the determination and will become a part of the official record of the patent.” This means that the examiner focuses specifically on the information and claims identified in the request, rather than conducting a comprehensive review of the entire patent. The examination is based on the current version of the claims, and the results become part of the patent’s official record. Related Rules from the Manual of Patent Examining Procedure 9 rules Collapse Determination on Supplemental Exam at Any Time During Patent Enforceability MPEP 2815 Permitted Supplemental Examination Proceeding Concludes with Certificate Issuance MPEP 2815 Examiner Must Determine SNQ After Request Filing MPEP 2815 Supplemental Examination Certificate Before Holiday MPEP 2815 Recommended Examiner Response After 6 Weeks MPEP 2815 Recommended Resumption of Reissue Examination After Certificate Publication MPEP 1449.01 Second or Subsequent Reexamination Request Must Address Current Claims MPEP 2242 Required Request Must Address Modified Claims MPEP 2240 Required No Amendments After Patent Expiration During Reexamination MPEP 2250 Other Related FAQs 5 FAQs Collapse When should an examiner typically begin reviewing a supplemental examination request? What happens if the three-month period for deciding a supplemental examination request ends on a weekend or holiday? Can a supplemental examination be reques...