What is the time frame for the USPTO to issue a supplemental examination certificate?

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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. The USPTO has a specific time frame for issuing a supplemental examination certificate. According to MPEP 2816 : “The Office will issue a supplemental examination certificate within three months of the filing date of the request.” This three-month period is statutorily mandated by 35 U.S.C. 257(a) . The certificate will indicate whether the items of information presented in the request raise a substantial new question of patentability. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Supplemental Examination Certificate Becomes Official Record MPEP 2816 Supplemental Examination Certificate Not Vacated After Invalidity Ruling MPEP 2816 Substantial New Question of Patentability Present Unless Decided MPEP 2242 Substantial New Question of Patentability Must Be Addressed MPEP 2246 Recommended Substantial New Question of Patentability Can Be Re-Presented MPEP 2242 Permitted Substantial New Question of Patentability Requires Ex Parte Reexamination MPEP 2246 Office Independently Determines Substantial New Question of Patentability MPEP 2816 Permitted Substantial New Question Not Controlled by Non-Final Court Decision MPEP 2816 Substantial New Question of Patentability Based on Old Art in a New Light MPEP 2216 Permitted Substantial New Question of Patentability Required for Reexamination MPEP 2240 Other Related FAQs 5 FAQs Collapse Can a supplemental examination request be made anonymously? How does a final federal court decision affect a supplemental examination proceeding? What happens if no substantial new question of patentability is found in a supplemental examination? How does pending litigation affect the USPTO&#8217;s determination in a supplemental examination p...