What papers are allowed to be filed after a request for supplemental examination?
According to MPEP 2813, after filing a request for supplemental examination, only two types of papers are generally allowed:
- A corrected request filed in response to a notice of noncompliant supplemental examination request
- A notice of a prior or concurrent post-patent Office proceeding pursuant to 37 CFR 1.620(d)
The MPEP states: “After filing a request for supplemental examination, no papers other than: (1) a corrected request filed in response to a notice of noncompliant supplemental examination request, or (2) a notice of a prior or concurrent post-patent Office proceeding pursuant to 37 CFR 1.620(d), should be filed with the Office prior to the conclusion of the supplemental examination proceeding.“
Any other papers directed to the merits of the supplemental examination proceeding will not be entered into the file and may be discarded without consideration.
To learn more:
Topics:
In A Supplemental Examination Proceeding,
MPEP 2800 - Supplemental Examination,
MPEP 2813 - Handling Of Papers,
Other Than A Request,
Patent Law,
Patent Procedure